Vatsalya Trust, Mumbai v. Girish Ganpat Mhatle And Janhvi Girish Mhatle (Prop. Adop Parents) And Parth Girish Mhatel (Minor)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO. 9 OF 2026 Vatsalya Trust, Mumbai, Address at - Plot No. 1285, Near Kanjur Marg Police Station, Kanjur (East), Mumbai 400 042 Through its Authorised Signatory/Convener - Mrs. Nanda Shashikant Sangode ...
Petitioner And 1.
Mr. Girish Ganpat Mhatle aged 37 years, Occupation: Business and 2.
Mrs. Janhvi Girish Mhatle aged 36 years, Occupation: Housewife, Both Hindu Indian Inhabitants, residing at 102, 1st Floor, A-Wing, Aman Apartment, Janata Nagar, Kurla(W), Mumbai- 400070.
... Prospective Adoptive Parents ______________________________________ Ms. Aarti P. Kulkarni for Petitioner.
AMOL PREMNATH JADHAV Mr. O. Hareendran - Scrutiny Officer - ICSW present. Mr. Girish Ganpat Mhatle - Adoptive Father present. AMOL PREMNATH JADHAV Date: 2026.02.25 17:42:03 +0530 Ms. Janhvi Girish Mhatle - Adoptive Mother present.
alongwith Kumar Parth Girish Mathle - Minor present.
Kumari Swara Girish Mhatle - Daughter present. Mr. Dilip S. Gurav - Chamber Registrar present. _______________________________________ CORAM : FARHAN P. DUBASH, J.
DATE :
18th FEBRUARY 2026 ORDER:
1.
By this Indian Adoption Petition, the Petitioner and the Prospective Adoptive Parents (PAPs) have sought the adoption of the male minor named Shishir (minor) born on 16th March 2025. The minor was surrendered by his biological mother before the Child Welfare Committee (CWC), Mumbai Suburban-I on 25th March 2025 and his safe custody was given to the Petitioner Institution, Vatsalya Trust, Mumbai, on the same day as per the order of the CWC dated 25th March 2025 under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act). The Admission Order of the CWC is placed on record. 2.
The Child Welfare Committee, Mankhurd, Mumbai, declared the minor 'Legally Free for Adoption' by an order dated 3rd June 2025 after
following the necessary procedure. The required undertakings and Affidavits have been tendered and are taken on record.
3.
The PAPs are Indian Nationals, residing at Kurla, Mumbai and are aged about 37 and 36 years respectively. They have been married for the past 16 years and have one biological daughter. A copy of their Marriage Certificate has been placed on record.
4.
The Prospective Adoptive Father is self-employed and is engaged in the business of designing gold ornaments and manufacturing jewellery. His annual income is stated to be Rs. 3,42,000/-. The Prospective Adoptive Mother is stated to be a homemaker. On record are their proof of residence and other financial/supporting documents.
5.
The Medical Report dated 04th September 2025 of the PAPs is on record, and their HIV reports show a negative result. 6.
The Home Study Report of the authorities of the Specialised Adoption Agency - Family Service Centre, Mumbai has found the PAPs suitable to adopt a child. The Home Study Report records that the PAPs are emotionally stable and well-suited to be entrusted with the adoption and upbringing of the minor. In addition, a Child Security Undertaking executed by the sister and brother-in-law of the Prospective Adoptive Father, undertaking to look after the
minor in the event of any untoward incident or mishap to the PAPs, has been placed on record.
7.
The other requisite documents, including the motivation letter submitted by the PAPs, their Declaration of Consent and Undertaking to adopt the minor child, as well as the pre-adoption foster care Undertaking, have also been duly placed on record.
8.
The Medical Examination Report of the minor, dated 13th August 2025, is on record, and records the health status of the minor as 'Normal'. His overall observation report states that 'Child's development is a dynamic process and may show variation with time. At present up to now his overall mental and physical development is within normal limits'. It is important to note that the PAPs have countersigned this Report. Moreover, the Medical Examination Report is placed on record. The HIV Report of the minor, dated 27th March 2025, is also placed on record and indicates that the result is negative. 9.
As regards the change of name, the PAPs desire that the said minor's name Shishir be renamed as "Parth Girish Mhatle." 10.
The Petitioner's recognition from the Department of Women and Child Development, Government of Maharashtra to place children in adoption is valid for a period up to 31st March 2026. A copy of the extension order dated
5th December 2025 issued by Department of Women and Child Development, Government of Maharashtra is placed on record. 11.
Mr. O. Hareendran, Scrutiny Officer, has tendered a Report/ Representation of the 'Indian Council of Social Welfare' dated 11th February 2026 which is taken on record and marked 'X' for identification. 12.
Having considered the material on record, as well as the Report tendered by Mr. O. Hareendran, Scrutiny Officer, I am of the view that it would be in the interest of the minor that he is adopted by the PAPs. 13.
It is relevant to note here that in the case of Nisha Pradeep Pandya and Anr v. Union of India1, which has considered a challenge raised to the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, the Division Bench of this Court on 10th January 2023, has passed an interim order and the relevant portion of the said order is reproduced hereunder : "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;
1 2023 SCC OnLine Bom 90
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." 14.
Therefore, it is clear that this Court can consider and dispose of the present Petition.
15.
In these circumstances, the following order is passed :- ::ORDER::
(i) The present Indian Adoption Petition is allowed in terms of prayer clauses (a) to (e) which read as under :
"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 Parth Girish Mhatle born on 16/03/2025 and stating that the Prospective Adoptive Parents are as the Parents of the said minor. d) That the Prospective Adoptive Parents be allowed to change the name of the minor from Shishir to "Parth Girish Mhatre" born on 07/01/2024.
e) Pass such other or further orders as it may deem fit and proper on the Facts and in the circumstances of the case." (ii) It is directed that the Petitioner will obtain a further undertaking from the PAPs that they will not give the minor for further adoption without the prior leave of this Court. Once this undertaking is obtained, the same shall be filed on the record of this Court. (iii) The Indian Adoption Petition is accordingly disposed of. (iv) There shall be no order as to costs.
( FARHAN P. DUBASH, J. ) Amol