← Library
Bombay High CourtIAP/13/2026disposed off

Vastsalya Trust Mumbai v. Yuvraj Kothiram Dhote And Manjusha Yuvraj Dhote (Pro.Ado.Par) And Snehit Yuvraj Dhote (Minor)

2026-03-04Hon'Ble Shri Justice Farhan Parvez Dubash7 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION Digitally signed by JYOTI PRAKASH PAWAR Date:

2026.03.13 18:08:02 +0530 JYOTI PRAKASH PAWAR INDIAN ADOPTION PETITION NO. 13 OF 2026 Vatsalya Trust, Mumbai Having address at - Plot No. 1285, Near Kanjur Marg Police Station, Kanjur (East), Mumbai - 400042, Maharashtra Through its Authorized Signatory/Convener - Ms. Anupama Sagun Dhuri .. Petitioner And

1. Mr. Yuvraj Kothiram Dhote aged 42 years, Occupation: Service and

2. Mrs. Manjusha Yuvraj Dhote aged 40 years, Occupation: Service, Both Hindu, Indian Inhabitants, Residing at Flat No. 104, Shri. Chaitannya Sai Apartment, Bhupesh Nagar, Borgao Road, Nagpur - 440013.

.. Prospective Adoptive Parents _____________________________________________ Mrs. Aarti P. Kulkarni for the Petitioner.

Mr. O. Hareendran -- Scrutiny Officer -- ICSW present. Mr. Dilip S. Gurav - Chamber Registrar present. _____________________________________________

CORAM : FARHAN P. DUBASH, J.

DATE : 4th MARCH 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 Snehit (minor) born on 22nd November 2024. The minor was surrendered by his biological mother before the Child Welfare Committee, Mumbai Suburban-I (CWC) on 28th November 2024 and his safe custody was given to the Petitioner Institution, Vatsalya Trust, Mumbai, on the same day as per the order of the CWC 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.

After making a due inquiry under Section 38 of the JJ Act, the CWC, Mankhurd, Mumbai, declared the minor legally free for adoption by an order dated 6th February 2025 after following the necessary procedure. The Free for Adoption Certificate is on record.

3.

The PAPs are Indian Nationals, residing at Nagpur, Maharashtra and are aged about 43 and 41 years respectively. They have been married for the past 12 years, with one biological daughter aged about 9 years. The

marriage certificate, along with the birth certificate and consent letter of the biological daughter, has been placed on record. 4.

The Prospective Adoptive Father is working as an Executive - Sales & Marketing with Suguna Foods Private Limited, Wardha, Maharashtra, since January 2022 and his monthly salary as of May 2025 is stated to be Rs. 32,985/-. The Prospective Adoptive Mother is working as a Police Constable with the Office of the Commissioner of Police, Nagpur since 27th July 2007 and her monthly salary as of May 2025 is stated to be Rs. 85,837/-. On record are their proof of residence and other financial supporting documents. 5.

The Medical Report dated 12th November 2024 of the PAPs is on record, and their HIV and HBsAg test reports show a negative result. 6.

The Home Study Report Part I, self-assessed by the PAPs dated 16th December 2021, is on record. The Home Study Report Part II, dated 28th November 2024, by the authorities of the Specialised Adoption Agency - Shri Shradhanand Anathalaya, Nagpur, has found the PAPs suitable to adopt a child. In addition, a Child Security Undertaking dated 25th June 2025, executed by the brother of the Prospective Adoptive Mother, 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 26th September 2025, is on record, and it records the health status of the minor as "Normal". His overall observation report states that 'His development is a dynamic process and may show variation with time. At present 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 10th April 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 minor's name, Snehit, be renamed as "Snehit Yuvraj Dhote." 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 the Department of Women and Child Development, Government of Maharashtra, is placed on record.

11.

The first follow-up Report of the minor dated 5th February 2026 of the Specialized Adoption Agency -Shradhanand Anathalaya, Nagpur, is on record, and it states that he is in good health and has no medical complaints. His vaccinations are being administered on time and are up to date. He has very good bonding and coordination with his parents. After all assessments, the Social Worker observed that the child shares a very good bond with the family and has a close relationship with his elder sister. The Undertaking given by the Specialized Adoption Agency for furnishing post-adoption follow-up reports is also on record.

12.

Mr. O. Hareendran, Scrutiny Officer, has tendered a Report/Representation of the Indian Council of Social Welfare dated 4th March 2026, which is taken on record and marked 'X' for identification. 13.

Having considered the material on record, as well as the Report of Mr. O. Hareendran, Scrutiny Officer, which has been marked 'X', I am of the view that it would be in the interest of the minor that he is adopted by the PAPs.

14.

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, 2023 SCC OnLine Bom 90

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;

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." 15.

Therefore, it is clear that this Court can consider and dispose of the present Petition.

16.

In these circumstances, the following order is passed: ::OR DER::

(i) The present Indian Adoption Petition is allowed in terms of prayer clauses (a) to (d), which read as under:

" (a) That the Prospective Adoptive Parents be given the said child in Adoption and be declared as parents and have all parental legal rights,

privileges and responsibilities over the said minor Snehit @ Snehit Yuvraj Dhote.

(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 Snehit Yuvraj Dhote, born on 22nd November 2024 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 Snehit to "Snehit Yuvraj Dhote" born on 22nd November 2024."

(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 present Indian Adoption Petition is accordingly disposed of. (iv) There shall be no order as to costs.

(FARHAN P. DUBASH, J.) Shubham Gadhavepatil