JEETENDRA GORAKHNATH SINGH Vs. YASH SURESH MALANI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith with the consent of parties and taken up for final disposal.

(2.) This is one of the unfortunate cases at the centre of which is a minor child aged 2 years. The petitioners are the adoptive parents and the respondents are the biological parents. The adoptive parents claim that the biological parents have given the child in adoption and have executed deed of adoption dtd. 16/7/2021, which is disputed by the biological parents. The minor child is with the adoptive parents from the time he was two days old.

(3.) An Adoption Petition No.189 of 2021 was preferred on 18/9/2021, which came to be rejected vide order dtd. 16/3/2022. The review preferred against the order of dismissal came to be rejected vide order dtd. 8/3/2023. Vide order dtd. 8/3/2023 passed in Miscellaneous Application No.137 of 2023 filed in Adoption Petition No.189 of 2021, the City Civil Court, Greater Mumbai directed the custody of minor child to be handed over to the biological parents. In the present petition, the dismissal of adoption petition, the dismissal of review petition and the order passed in miscellaneous application directing the handing over of custody of minor child has been assailed.