St. Catherines Home v. Vishal Niranjan Parvatkar And Bhavya Shah (Prop Adop Parents) And Viya Vishal Parvatkar (Minor)
Mohite
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by TRUSHA TUSHAR MOHITE Date:
2025.12.19 17:53:36 +0530 TRUSHA TUSHAR MOHITE AND IN ITS GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO. 100 OF 2025 WITH JUDGE'S ORDER NO. 142 OF 2025 St. Catherine's Home
...Petitioner
And Mr. Vishal Niranjan Parvatkar and Mrs. Bhavya Shah ...Proposed Adopters ---------- Mr.Rakesh K.L.Kapoor i/b M/s.Rakesh K.L.Kapoor and Co., for the Petitioner.
Mr.O.Hareendran, Scrutiny Officer, ICSW present. Mr. D.S. Gurav, Chamber Registrar is present. Mr.Vishal N. Parvatkar - Adoptive Father, Mrs.Bhavya Shah - Adoptive Mother a/w Minor Viya present ---------- CORAM : FIRDOSH P. POONIWALLA, J.
DATE : 12th DECEMBER, 2025.
ORDER :
1.
By this Indian Adoption Petition, the Petitioner and the Proposed Adoptive Parents have sought adoption of the female minor Apurva @ Viya Vishal Parvatkar ("the said female minor") born on 7th June 2024.
2.
The female minor Apurva, born on 7th June 2024 was found abandoned by the Versova Police Station, Mumbai on 10th 1/9
June 2024 and admitted to the Petitioner institution on the same day as per the order of the Child Welfare Committee (CWC), Mumbai Suburban-II dated 10th June 2024 under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015 for further rehabilitation of the said minor. The Admission Order of the CWC is on record at page No. 22 to the Petition. 3.
After making due inquiry under section 38 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), the Child Welfare Committee, Mumbai Suburban-II declared the said female minor "Legally Free for Adoption" on 8th July 2025. The Free for adoption order is on record at page No. 21 to the Petition.
4.
The Prospective Adoptive parents are Indian nationals, presently residing at Andheri, Mumbai, both aged about 38 years have been married for the past 9 years (9th May 2016) with no biological children.
5.
The Motivation Letter from the Prospective Adoptive Parents is on record at page No. 42 to the Petition. 6.
The Minutes of Adoption Committee Meeting held on 1st September 2025 is on record at page Nos. 19-20 to the Petition. It 2/9
states that the Prospective Adoptive Parents are suitable to adopt the said female minor.
7.
Affidavit by the Chief Functionary of the Specialized Adoption Agency (Petitioner) in support of the adoption of the said female minor is on record at page Nos. 185-189 to the Petition. 8.
The Medical report of the prospective adoptive father dated 14th August 2025 is on record and it states that he is a known case of Hypertension and Hypothyroidism and his health issues controlled on medication. He is fit to adopt a baby. His HIV I & II and Hepatitis B test reports certify the case as Non Reactive. These reports are on record at page Nos. 26-33 to the Petition. 9.
The Medical report of the prospective adoptive mother dated 14th August 2025 is on record and it states that she is a normal healthy adult. She is fit to adopt a baby. Her HIV I & II and Hepatitis B test reports certify the case as Non Reactive. These reports are on record at page Nos. 34-41 to the Petition. 10.
The Prospective Adoptive father is self-employed as practicing Photographer, Director in TJS Wilderness LLP and Freelance Digital Marketer. His total income for the Assessment Year 2024-25 is Rs. 9, 47,840/-. His Income Affidavit and Income 3/9
Tax Returns are on record at page Nos. 61-67 to the Petition. 11.
The Prospective Adoptive mother is working as a Consultant in the Department of NICU of MRR Children's Hospital, Thane since 18th December 2023 and her gross monthly (March2025) Professional Fees is Rs. 3,30,000/-. Her Salary Certificates and Income Tax returns are on record at page Nos. 68-73 to the Petition.
12.
The Proof of Residence, Aadhar and Pan Cards copies and other supportive financial documents are on record at page Nos. 43-47 & 74-124 to the Petition.
13.
The Childcare Plan declarations of the prospective adoptive mother and her mother-in-law are on record at page No. 125-128 to the Petition.
14.
The Home study report Part I: Self-Assessment by the Prospective Adoptive Parents is on record at page Nos. 129-137 & 143-150 to the Petition.
15.
The Home Study Report Part II: Assessment reports dated 5th July 2022 and 24th June 2025 of the social worker of Specialized Adoption Agency "St. Catherine's Home" Andheri, 4/9
Mumbai have found the prospective adoptive parents suitable for adopting a child. The said reports are on record at page Nos. 138142 and 151-155 to the Petition. 16.
The child security undertaking dated 14th August 2025 given by the Prospective Adoptive father's sister and brother-in-law residing at Pune, Maharashtra to look after the said female minor in case of any mishap to the Prospective Adoptive Parents is on record at page Nos. 166-169 to the Petition.
17.
The Medical Examination Report of the said female minor dated 1st August 2025 is on record at page Nos. 173-181 to the Petition and it states, "Health Status: Normal. Overall Observation of the child: Apurva is growing well physically and emotionally. She is steadily gaining weight and has achieved most of her milestones expected for her age". The prospective adoptive parents have countersigned the said Medical Examination Report. 18.
The HIV test report of the said female minor dated 7th March 2025 certifies the case as Negative. This report is on record at page No. 183 to the Petition. The Post Card Size Photograph of the said female minor is at page No. 184 to the Petition. 19.
The Declaration of consent, willingness and undertaking 5/9
by the prospective adoptive parents is on record and it states that they are willing to be appointed and declared as the adoptive parents of the said female minor. This Declaration is at page Nos. 48-52 to the Petition.
20.
The Pre-adoption foster care undertaking dated 13th August 2025 is on record at page Nos. 53-60 to the Petition. 21.
As regards the change of name, the prospective adoptive parents desire that the female minor 'Apurva' be renamed as "Viya Vishal Parvatkar".
22.
The undertaking dated 1st September 2025 given by the Specialized Adoption Agency "St. Catherine's Home" Andheri, Mumbai for furnishing post adoption follow-up reports is on record at page No. 173 to the Petition.
23.
The Petitioner institution's recognition from the Women & Child Development, Maharashtra State to place children in adoption is valid for a period up to 30th September 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. 6/9
24.
Mr. O. Hareendran, the Scrutiny Officer, has tendered the Representation of the Indian Council of Social Welfare dated 8th November, 2025 which is taken on record and marked 'X' for identification.
25.
Having considered the material on record as well as the Representation of the Scrutiny Officer marked 'X' for identification, I am of the view that it would be in the interest of the said female minor child that she is adopted by the Proposed Adopters. 26.
It is relevant to note here that in the case of Nisha Pradeep Pandya @ 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, a Division Bench of this Court passed an interim order dated 10th January, 2023. The relevant portion of the said order of the 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;
W.P.(L) No.32065 of 2022 7/9
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 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."
27.
Hence, it is clear that this Court can consider and dispose of the present Petition.
28.
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 Viya Vishal Parvatkar in Adoption and be declared as parents having 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 female minor Viya Vishal Parvatkar from the jurisdiction of this Hon'ble Court and to take the said minor 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 Viya Vishal Parvatkar born on 07/06/2024 and stating thereon that the Prospective Adoptive Parents are the Parents of the said minor.
8/9
(d) That the Prospective Adoptive Parents be allowed to change the name of the minor from 'Apurva' to "Viya Vishal Parvatkar"."
29.
There is an undertaking of the Adoptive Parents in the Judge's Order to invest Rs.2,00,000/- (Rupees Two Lakhs Only) in the name of the Adopted Child. They undertake not to withdraw this investment till the Adopted Child attains majority. The Adoptive Parents agree to handover the investment receipts to the Adopted Child on her becoming a major. These undertakings are accepted as undertakings to this Court.
30.
The Judge's Order is also accepted and signed separately. 31.
Indian Adoption Petition is accordingly disposed of. There shall be no order as to costs.
[FIRDOSH P. POONIWALLA, J.] Privacy warning : No part of this Order shall be uploaded on any public domain or portal without this Court's express permission. 9/9