Mr. Nilesh Vamanrao Deogirkar v. Mrs. Priya Pankaj Sampale (Divorcee) Ku. Priya Narendra Parkhal
1 / 3 21.cra21.2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CIVIL REVISION APPLICATION NO. 21 OF 2025 Mr. Nilesh Vamanrao Deogirkar Vs.
Mrs. Priya Pankaj Sampale and anr.
---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
---------------------------------------------------------------------------------------------- Mr. A.V. Lokhande, Advocate for applicant.
Mr. Amardip J. Dhoble, Advocate for respondents. CORAM : ROHIT W. JOSHI, J.
DATE : 11.12.2025 The present revision application is preferred challenging the order dated 11.04.2023 passed by the learned District Judge-II, Hinganghat, District-Wardha, rejecting application filed by the present applicant seeking permission to adopt female child, namely, Vasudha Nilesh Deogirkar.
2.
It is the case of the applicant that the child was begotten by the respondent No.1 from her wedlock with the respondent No.2. It is stated that since then the respondent Nos.1 & 2 have separated by virtue of a decree of divorce dated 04.05.2022
2 / 3 21.cra21.2025 passed by the learned Civil Judge Senior Division, Hinganghat, Dist. Wardha in H.M.P. No.196/2021. 3.
The applicant has stated that his marriage with one Bharti Nilesh Deogirkar is also dissolved by virtue of a decree of divorce by mutual consent dated 24.04.2019 passed by the learned Joint Civil Judge Senior Division, Hinganghat in H.M.P. No.32/2019.
4.
It is further stated that the applicant and respondent No.1 are married on 06.11.2022. It is stated that the child is now residing with the applicant and respondent No.1. Perusal of the impugned order dated 11.04.2023 demonstrates that the learned District Judge has rejected the said application on the ground that for a valid adoption consent of the father of the child is also required and that the father was not a party to the proceeding and there was no material on record to indicate his consent for the adoption. The erstwhile husband of respondent No.1, who is the biological father of the child is arrayed as respondent No.2 in the present proceeding. He has filed affidavit dated 09.12.2025 on record stating that he has no objection for the proposed adoption.
3 / 3 21.cra21.2025 5.
In view of above, Civil Revision Application is allowed. The order dated 11.04.2023 passed by the learned District Judge-II, Hinganghat, District-Wardha is hereby quashed and set aside. MJC No.42/2022 is restored to the file of the learned District Judge at Hinganghat.
6.
Leave is granted to add the name of respondent No.2 - Pankaj Ashok Sampale, as party respondent to the said proceeding.
7.
Parties shall appear before the learned District Court at Hinganghat on 05.01.2026. Parties to note that separate notice for appearance will not be issued.
8.
The learned District Court is requested to decide the application afresh in accordance with law as early as possible and preferably before 30.04.2026.
(ROHIT W. JOSHI, J.)