Vatsalya Trust Mumbai v. Ananda Tukaram Chpade And Kavita Ananda Chopade
Sharada
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO. 40 OF 2025 WITH JUDGE'S ORDER NO.56 0F 2025 IN INDIAN ADOPTION PETITION NO. 40 OF 2025 Vatsalya Trust Mumbai
...Petitioner
And Mr. Ananda Tukaram Chopade and Mrs. Kavita Ananda Chopade ...Prospective Adoptive Parents ---------- Ms. Aarti Kulkarni Advocate, for the Petitioner. Mr. O. Hareendran, Scrutiny Officer, ICSW present. Mr. D.S. Gurav, Chamber Registrar present.
---------- CORAM : R.I. CHAGLA, J.
DATE : 18TH JUNE 2025 ORDER :
1.
By this Indian Adoption Petition the Petitioner and the Prospective Adoptive Parents have sought adoption of the male minor Prasanna ("the said male minor") born on 17/10/2022. The said 1/10
male minor was admitted to the Petitioner Institution on 19/10/2022 for primary care and protection on 20/10/2022. The biological mother executed a Deed of Surrender before the Child Welfare Committee (CWC), Mumbai Suburban District and the child's custody was given to the Petitioner institution on the same day as per the order of CWC dated 20/10/2022 under the Provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 ("the said Act"). The Admission Order of the CWC is on record at page No.21 to the Petition.
2.
After making due inquiry under Section 38 of the said Act, the CWC, Mankhurd, District Mumbai declared the said male minor "Legally Free for Adoption" on 18/07/2024. The Free for Adoption Certificate is on record at page Nos.24-25 to the Petition. 3.
The Prospective Adoptive Parents are Indian nationals, residing at Jalgaon, Maharashtra aged about 49 and 46 years respectively. They have been married for the past 18 years (08/05/2007) with no biological children.
4.
The Motivation Letter from the Proposed Adoptive Parents is on record at page No. 33 to the Petition.
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5.
Affidavit by the Chief Functionary of the Specialized Adoption Agency (Petitioner) in support of the adoption of the said male minor is on record at page Nos.99-104 to the Petition. 6.
The Minutes of Adoption Committee Meeting held on 20/09/2024 is on record at page No.20 to the Petition. It states that the Prospective Adoptive Parents are suitable to adopt the said male minor.
7.
The Medical Report dated 09/09/2024 of the Prospective Adoptive Parents is on record and it states, "They are not suffering from chronic, contagious or fatal disease and medically and psychologically fit for adoption". Their HIV and HBsAg Test reports certify the case as Negative. These reports are on record at page Nos.29-32 to the Petition.
8.
The Prospective Adoptive father is working as an Offier
(02) with The Supreme Industries Limited, Jalgaon since 25/06/2009 and his monthly (August-2024) gross salary is Rs.27,800/-. His Employment Certificate and Pay Slip are on record at page Nos.42-45 to the Petition. The Prospective Adoptive Mother is a Homemaker. 9.
The copies of Pan Card, The Proof of Residence, other 3/10
supportive financial documents are on record at page Nos.34-35 & 46-49 to the Petition.
10.
The Home Study Report Part I: Self Assessment by the Prospective Adoptive Parents is on record at page Nos.50-57 & 64-71 to the Petition.
11.
The Home Study Part II : Assessment Reports dated 24/11/2020 and 03/12/2023 by the Specialized Adoption Agency "Shishu Gruha' Dhule, Maharashtra have found the Prospective Adoptive Parents suitable for adopting a child. These Reports are on record at page Nos.58-63 & 72-76 to the Petition. 12.
The child security undertaking dated 13/09/2024 of the Prospective Adoptive father's brother and sister-in-law residing at Jalgaon to look after the said male minor in case of any mishap to the Prospective Adoptive Parents is on record at page Nos.82-85 to the Petition.
13.
The Medical Examination Report of the said male minor dated 16/09/2024 states, "Health Status of the child: Normal. Overall Observation of the child: His development is a dynamic process and may show variation with time. At present his overall development is within normal limits". The Prospective Adoptive 4/10
Parents have countersigned the said Report which is on record at page Nos.89-95 to the Petition.
14.
The HIV Test Report of the said male minor dated - 25/07/2024 certifies the case as Negative. This report is on record at page No.97 to the Petition.
15.
The Photograph of the said male minor is on record at page No.98 to the Petition.
16.
The Declaration of consent, and undertaking by the Prospective Adoptive Parents states that they are willing to be appointed and declared as Adoptive Parents of the said male minor. The said Declaration is on record at page No.36-37 to the Petition. 17.
As regards the change of name, the Prospective Adoptive Parents desire that the said male minor "Prasanna" be renamed as "Kedar Ananda Chopade".
18.
The Pre-adoption foster care undertaking dated 13/09/2024 is on record at page Nos.38-41to the Petition. 19.
The said male minor has been placed with the Prospective Adoptive Parents for about 9 months. The first post-adoption followup report of the said male minor dated 04/04/2025 of the 5/10
Specialized Adoption Agency "Shishu Gruha", Dhule, Maharashtra is on record at page Nos.107A-107-B to the Petition and states that the child is very well attached with the Prospective Adoptive Parents and their close relatives. After all assessment, the Social Worker observed that the said male minor is a very happy and active child and he has bonded very well with the adoptive family.
20.
The undertaking dated 12/09/2024 given by the Specialized Adoption Agency "Shishu Gruha", Dhule, Maharashtra for furnishing post adoption follow-up reports is on record at page No.107 to the Petition.
21.
The Petitioner institution's recognition from the Women & Child Development, Maharashtra State to place children in adoption is valid for a period from 06/05/2020 to 05/05/2025. However, the Petitioner institution has applied for renewal and in the interregnum has filed this adoption petition under the provisions of Regulation 25(4) & (5) of the Adoption Regulations 2022. 22.
Mr. O. Hareendran, Scrutiny Officer has tendered Report / Representation from the Indian Council of Social Welfare (ICSW) dated 09/06/2025 which is taken on record and marked 'X' for identification.
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23.
Having considered the material on record as well as the Report of the Scrutiny Officer dated 09/06/2025 marked 'X', in my view, it would be in the interest of the said male minor child that he is adopted by the Proposed Adopters.
24.
It is relevant to note here that in the case of Nisha Pradeep Pandya alias Nisha Amit Gor and Anr. Vs. Union of India and Ors.,1 concerning challenge raised to the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, the Division Bench of this Court on 10th January, 2023 passed an interim order. The relevant portion of said order of Division Bench reads as follows : "8.
In the meantime, there will be an ad-interim order only until the next date in terms of prayer clauses (d), (e) and (f) of the petition which reads as follows: (d) Pending the final hearing and disposal of the present Petition, the Hon'ble Court may be pleased to stay the effect, implementation and purport of the letter dated 30th September, 2022 issued by Respondent No.2;
(e) Pending the final hearing and disposal of the present Petition, the Hon'ble Court may be pleased to direct the Respondents not to transfer pending Writ Petition No.1085/2023 (Writ Petition (L) No.32065/2022) 7/10
adoption matters before the District Magistrates for adjudication.
(f) Pending the final hearing and disposal of the present Petition, the Hon'ble Court may be pleased to direct the Hon'ble Courts to continue with the adjudication of the adoption matters that are pending on their record and file.
9.
Additionally, the safer and more prudent course of action would be to allow all matters to be placed before the learned Single Judge of this Court who is assigned those matters. Those orders may be continued to be passed until the challenge is finally decided."
25.
Hence, it is clear that this Court can consider and dispose of the present Petition.
26.
In these circumstances, the Petition is allowed in terms of prayer clauses (a) to (d) of the Petition, which read thus:- a) That the Prospective Adoptive Parents be given the said child in Adoption and be declared as parents and has all parental legal rights, Privileges and responsibilities over the said minor.
b) That the Prospective Adoptive Parents may be granted leave to remove the said minor from the jurisdiction of this Hon'ble Court and to take the said minor 8/10
out of the jurisdiction of this Hon'ble Court whenever required.
c) That the concerned Municipal Authority/Birth Certificate issuing Authority may be directed to issue Birth Certificate in the name of the said minor Kedar Ananda Chopade born on 17/10/2022 and stating thereon that the Prospective Adoptive Parents as the Parents of the said minor. d)That the Prospective Adoptive Parents be allowed to change the name of the minor from Prasanna to "Kedar Ananda Chopade" born on 17/10/2022.
27.
In the Judge's Order there is an undertaking of the Adoptive Parents to invest an amount of Rs.1,00,000/- (Rupees One Lakh only) in the Adopted Child's name. They also undertake not to withdraw this investment till the Adopted Child attains majority. They have agreed to handover the investment receipt to the Adopted Child on his becoming a major. These undertakings are accepted as undertakings to this Court.
28.
The Judge's Order is also accepted and separately signed. 29.
The Indian Adoption Petition is accordingly disposed of. 30.
There shall be no orders as to costs.
[R.I. CHAGLA, J.] Privacy warning : No part of this order shall be uploaded on any public domain or portal without this Court's express permission. 9/10