shailesh chetna joshi vs violet deelip pandya 2006 tzhc 59 31 january 2006

shailesh chetna joshi vs violet deelip pandya 2006 tzhc 59 31 january 2006

The petitioners, being non-residents and never having had the infant in their care, do not meet the mandatory requirements of Section 4(5) and (6) of the Adoption Ordinance; the court has no discretion to waive these requirements.

Citation
shailesh chetna joshi vs violet deelip pandya 2006 tzhc 59 31 january 2006
Parties
Petitioner: Shailesh Joshi; Petitioner: Chetna Joshi; Objector: Mrs Violet Deelip Pandya
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
31 January 2006
Procedural Posture
Adoption Petition / Ruling on Petition
Outcome
petition dismissed
Legal Topics
Adoption, Child Custody, Statutory Interpretation
Source Language
English
Family Law Adoption Child Custody Statutory Interpretation

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Parties

Shailesh Joshi

Petitioner

Chetna Joshi

Petitioner

Mrs Violet Deelip Pandya

Objector

Procedural Posture

Adoption Petition / Ruling on Petition

Legal Issues

  1. 1 Whether the petitioners meet the statutory requirements for adoption under the Adoption Ordinance, Cap 335, R.E. 2002
  2. 2 Whether the welfare of the infant is served by granting the adoption order

Ratio Decidendi

The petitioners, being non-residents and never having had the infant in their care, do not meet the mandatory requirements of Section 4(5) and (6) of the Adoption Ordinance; the court has no discretion to waive these requirements.

Court Disposition

petition dismissed

Orders

  • Petition for adoption is not granted.
  • Custody of the infant to be restored to his father, Mr. Jayprakash Jani.