Vatsalya Trust Mumbai v. Adinath Ramesh Raut And Swati Adinath Raut (Pro.Ado.) Aditi Adinath Raut (Minor)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO. 14 OF 2026 by JYOTI PRAKASH PAWAR Date:
2026.03.13 18:08:30 +0530 JYOTI PRAKASH PAWAR Vatsalya Trust, Mumbai Having address at -- Plot No. 1285, Near Kanjur Marg Police Station, Kanjur (East), Mumbai -- 400042, Maharashtra Through its Authorized Signatory/Convener Mrs. Leelawati Surendra Belwalkar .. Petitioner And
1. Mr. Adinath Ramesh Raut aged 41 years, Occupation: Service, and
2. Mrs. Swati Adinath Raut aged 40 years, Occupation: Service, Both Hindu, Indian Inhabitants, Having permanent address at A-103, Shri Sai Hills, Kesnand, Wagholi, Pune - 412207.
... 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 female minor named Trishika (minor) born on 24th January 2025. The minor was surrendered by her biological mother before the Child Welfare Committee, Mumbai SuburbanI (CWC) on 15th April 2025 and her 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.
The CWC, Mankhurd, Mumbai, declared the minor legally free for adoption by an order dated 26th June 2025 after following the necessary procedure. The Free for adoption Certificate is on record. 3.
The PAPs are Indian Nationals, residing at Wagholi, Pune, Maharashtra and are both aged about 41 years. They have been married for the past 16 years, since 6th May 2009, with no biological children. The marriage certificate has been placed on record.
4.
The Prospective Adoptive Father is working as Sr. D'Man - Structural with B.G. Shirke Construction Tech Pvt. Ltd., Pune, since 16th August 2021, and his monthly salary as of July 2025 is stated to be Rs. 78,715/-. The Prospective Adoptive Mother is currently a Homemaker. On record are their proof of residence and other financial/supporting documents. 5.
The Medical Report dated 11th August 2025 of the PAPs is on record, and their HIV and HBsAg test reports show a non-reactive result. 6.
The Home Study Report Part I, self-assessed by the PAPs, dated 7th February 2022, is on record. The Home Study Report Part II, dated 25th June 2025, by the authorities of the Specialised Adoption Agency -Bharatiya Samaj Seva Kendra, Koregaon Park, Pune, has found the PAPs suitable to adopt a child. In addition, a Child Security Undertaking dated 4th September 2025, executed by the sister and brother-in-law of the Prospective Adoptive Father, 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 July 2025, is on record, and it records the health status of the minor as "Normal". Her overall observation report states that 'Her development is a dynamic process and may show variation with time. At present her 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 24th 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, Trishika, be renamed as "Aditi Adinath Raut." 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 post-adoption follow-up Report of the minor dated 6th February 2026 of the Specialized Adoption Agency - Bharatiya Samaj Seva Kendra, Koregaon Park, Pune, is on record, and it states that the minor did not have any major health problems since her placement with the prospective adoptive family. She is up-to-date with all her vaccinations. She is strongly
attached to her family members and shares a close bond with her mother and father. After all assessments, the Social Worker observed that the said minor is safe, secure, and well cared for within the family, and the social worker feels that the adoption is going well. 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 she 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, 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 : 2023 SCC OnLine Bom 90
"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:- :: O RDER::
(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 have all parental legal rights, privileges and responsibilities over the said minor Trishika @ Aditi Adinath Raut.
(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 Aditi Adinath Raut, born on 24th January 2025 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 Trishika to "Aditi Adinath Raut" born on 24th January 2025." (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