1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO. 1569 OF 2010 Omprakash Bhalchandra Gawade ...Petitioner Vs. The State of Maharashtra ...Respondent Mr. Rajesh N. Kachare, Advocate for the Petitioner Mrs. M.P. Thakur, A.G.P for the Respondent CORAM : SMT. ROSHAN DALVI, J. DATED : 10TH MARCH, 2010 P.C. : 1. Rule. Rule returnable forthwith. 2. The Petitioner has sought adoption of a minor child in an Adoption Petition filed by the Petitioner in Misc. Petition No.10/2010 in the Bombay City Civil Court at Bombay. 3. The Petition has been rejected by the learned Judge of Bombay City Civil Court on 9th February 2010 on the ground that it is not maintainable under Section 9 of the Hindu Adoptions and Maintenance Act,1956 (the Act) as 2 the adoption is between private parties. Under Section 9(5)(ii) of the Act the City Civil Court has jurisdiction in respect of any adoption of any child, if the child ordinarily resides within the local limits of its jurisdiction. The child to be adopted in this case is stated to reside within its local limits. The learned Judge has held that the Petition is not maintainable because the adoption is between private parties. There is no distinction in the Act with regard to adoptions between private parties and adoption of abandoned children sanctioned by the Public Authority. The Court has to only see whether it is a case of a Hindu Adoption of a child who resides within the local limits of his jurisdiction. Consequently, the impugned order refusing to exercise jurisdiction, because it is an adoption between the private parties suffers from a material irregularity. The order is set aside. 4. The learned Judge, City Civil Court at Bombay shall consider the adoption of the child in Misc. Petition No.10/2010 on merits. 5. Petition is accordingly allowed. 6. Rule is made absolute accordingly. (SMT. ROSHAN DALVI, J.)