Vatsalya Trust v. Bhaveshkumar Prabhudas Tanna And Neha Bhaveshkumar Tanna
Mohite
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by TRUSHA TUSHAR MOHITE Date:
2025.10.01 14:28:46 +0530 AND IN ITS GENERAL AND INHERENT JURISDICTION TRUSHA TUSHAR MOHITE INDIAN ADOPTION PETITION NO.67 OF 2025 WITH JUDGE'S ORDER NO.96 OF 2025 Vatsalya Trust, Mumbai
...Petitioner
Versus
Mr.Bhaveshkumar Prabhudas Tanna & Mrs.Neha Bhaveshkumar Tanna ...Proposed Adopters ---------- Ms.Aarti Kulkarni, Advocate for the Petitioner. Mr. O. Hareendran, Scrutiny Officer, ICSW present. Mr. D.S. Gurav, Chamber Registrar is present. ---------- CORAM : FIRDOSH P. POONIWALLA, J.
DATE : 26th SEPTEMBER, 2025.
ORDER :
1.
By this Indian Adoption Petition, the Petitioner and the Proposed Adoptive Parents have sought adoption of the female minor Anandi @ Aadhya Bhaveshkumar Tanna ("the said female minor") born on 1st March 2024.
2.
The female minor Aanandi was born on 01/03/2024 and the biological mother surrendered her child before the Child Welfare 1/10
Committee (CWC), Mumbai Suburban-I on 07/03/2024 and the child's safe custody was given to the Petitioner institution on the same day as per the order of the said CWC dated 07/03/2024 under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015. The admission order of the CWC is on record at page No.21 to the Petition.
3.
After making due inquiry under section 38 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the Child Welfare Committee, Mankhurd, Dist. Mumbai declared the said female minor "Legally Free for Adoption" on 07/05/2024. The Free for adoption Certificate is on record at page Nos. 23-24 to the Petition.
4.
The Prospective Adoptive Parents are Indian nationals, residing at Surat, Gujarat aged about 46 and 43 years respectively. They have been married for the past 07 years (06/09/2018) with no biological children.
5.
The Motivation Letter from the Prospective Adoptive Parents is on record at page No. 36 to the Petition. 2/10
6.
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. 131-136 to the Petition. 7.
The Minutes of Adoption Committee Meeting held on 22/11/2024 is on record at page No. 20 to the Petition. It states that the Prospective Adoptive Parents are suitable to adopt the said female minor.
8.
The Medical report dated 02/09/2024 of the prospective adoptive parents is on record at page Nos. 32-35 to the Petition and it states that both are physically, mentally and psychologically fit. Their HIV and HBsAg Test reports certify the case as Non-Reactive. The prospective adoptive father is having a 25% Locomotor disability of the upper limb. The Disability Certificate is on record at page No. 30 to the Petition.
9.
The prospective adoptive father is self-employed (Proprietor of a Garment Shop at Surat) since 2007 and his income for the Assessment year 2024-25 is Rs. 4, 85,220/-. The Registration Certificate of Establishment and Income Tax Returns are on record at 3/10
page Nos. 55-75 to the Petition. The prospective adoptive mother is a Homemaker.
10.
The copies of Pan Card, Proof of Residence and supportive financial documents are on record at page Nos. 37-39 & 76-77 to the Petition.
11.
The home study report Part I: Self-Assessment Reports by the Prospective Adoptive Parents is on record at page Nos. 78-86 & 95-102 to the Petition.
12.
The Home Study Report Part II Assessment Report dated 21/12/2021 & 07/11/2024 of the Specialized Adoption AgencySurat, V R Popawala Children Home For Boys, Surat, Gujarat has found the prospective adoptive parents suitable for adopting a child. The said report is on record at page Nos. 87-94 & 103-107 to the Petition.
13.
The child security undertaking dated 16/01/2025 of the prospective adoptive father's brother and sister-in-law residing at Surat, Gujarat to look after the said female minor in case of any 4/10
mishap to the prospective adoptive parents is on record at page Nos. 113-117 to the Petition.
14.
The Medical Examination Report of the said female minor dated 09/09/2024 is on record and it states, "Health status of the child: Normal. Overall observation of the child: Her development is a dynamic process and may show variation with time. At present her overall mental and physical development is within normal limits". The prospective adoptive parents have countersigned the said report, which is on record at page Nos. 121-127 to the Petition. 15.
The HIV report of the said female minor dated 26/08/2024 certifies the case as Negative. This report is on record at page No.129 to the Petition.
16.
The Photograph of the said female minor is on record at page No.130 to the Petition.
17.
The Declaration of consent and undertaking 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 5/10
said female minor. The said Declaration is on record at page Nos. 4144 to the Petition. 18.
As regards the change of name, the prospective adoptive parents desire that the said female minor 'Aanandi' be renamed as "Aadhya Bhaveshkumar Tanna".
19.
The pre-adoption foster care undertaking dated 19/11/2024 is on record at page Nos. 45-52 to the Petition. 20.
The said female minor has been placed with the Prospective Adoptive Parents for about 9 months. The first postadoption follow-up report of the said minor dated 14/05/2025 of the Specialized Adoption Agency-Surat, Gujarat is on record at page Nos.140-142 to the Petition and it states that the child is very happy and healthy. Her vaccination schedule has been up-to-date. After all the assessment, the Social Worker observed that the said female minor is well attached to the prospective adoptive family and her development seems to be appropriate for her age. 21.
The Undertaking dated 10/06/2025 given by the 6/10
Specialized Adoption Agency-Surat, V R Popawala Children Home For Boys, Surat, Gujarat for furnishing post adoption follow-up reports is on record at page No.139 to the Petition. 22.
The Petitioner institution's recognition from the Women & Child Development, Maharashtra State to place children in adoption is valid up to 30/09/2025.
23.
Mr. O. Hareendran, the Scrutiny Officer, has tendered the Representation of the Indian Council of Social Welfare dated 2nd September, 2025 which is taken on record and marked 'X' for identification.
24.
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 said female minor child that she is adopted by the Proposed Adopters. 25.
It is relevant to note here that in the case of Nisha Pradeep Pandya @ Nisha Amit Gor and Anr. Vs. Union of India and 7/10
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;
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."
W.P.(L) No.32065 of 2022 8/10
26.
Hence, it is clear that this Court can consider and dispose of the present Petition.
27.
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 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 Aadhya Bhaveshkumar Tanna, born on 01/03/2024 and stating thereon that the Prospective Adoptive Parents are the Parents of the said minor.
(d) That the Prospective Adoptive Parent be allowed to Change the name of the minor from 'Aanandi' to "Aadhya Bhaveshkumar Tanna", born on 01/03/2024."
28.
There is an undertaking of the Adoptive Parents in the Judge's Order to invest Rs.2 lakhs 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 9/10
investment receipts to the Adopted Child on her becoming a major. These undertakings are accepted as undertakings to this Court. 29.
The Judge's Order is also accepted and signed separately. 30.
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. 10/10