JAVID GHORASHIAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) TAKING exception to the judgment and order dated 20th April, 2001 passed by the Family Court, Pune in D. No. 173/2000, the appellant has reiterated his prayer for adopting a child aged about 1-? year old named Vaishnavi who is presently put in Kusumbai Motichand Mahila Seva Gram, Pune (K. M. Mahila Sevagram, quoted for short) 25/20, Karve Road, Pune 411 004.

(2.) FEW facts need to be mentioned for the purpose of understanding the matter in better way. A minor female child was found deserted and abandoned by Bhusaval Taluka Police Station staff members on 20th December, 1999 at Bhusaval. The said child was admitted initially in Civil Hospital, Jalgaon as per the orders of Juvenile Welfare Board Jalgaon as at that time the said child was one day old. Subsequently, the said child was admitted to the care and custody of K. M. Mahila Seva Gram, Pune as per the order dated 20-12-1999. No person claimed to be the parent or relative of the said minor child nor anybody ever visited her or enquired about it. The appellant-Javid Ghorashian applied for being appointed as the guardian of the said minor and expressed his desire to adopt it as his daughter. His application was scrutinised by the said institution and the institution approved the petitioner as a suitable person for handing over the custody of the said child to him for adoption.

(3.) PETITIONER happens to be an American national aged about 45 years as he was born on 2-11-1954 in Iran as averred by him. He married with a woman who obtained name as Mrs. J. Meagan Ghorashian who was an American national and aged about 31 years old when the petition was filed. She was born as averred by the petitioner on 27-9-1969 in United States of America. Both the appellant and J. Meagan got married with each other on 2-9-1990 as a result of their friendship which blossomed in Silicon Valley-California. The marriage of the appellant with J. Meagan was his second marriage as he had been divorced from his previous wife as the said matrimonial tie dissolved on account of the divorce on 13-4-1989. The appellant had a son out of the said dissolved wedlock and he happens to be named as Navid and was aged about 17 years old when the present petition was filed. He resides with his mother but meets his father, the appellant. Out of the marriage with J. Meagan, the appellant is having two sons named Navin and Armin who are aged respectively 8 and 5 years old. The appellant happens to be an Iranian by birth but left Iran for better education and better opportunities in career.