Vatsalya Trust v. Sandip Shivram Chaudhari

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION AND IN ITS GENERAL AND INHERENT JURISDICTION INDIAN ADOPTION PETITION NO. 21 OF 2026 Vatsalya Trust, Mumbai, Plot No. 1285, Near Kanjur Marg Police Station, Kanjur Marg (East), Mumbai - 400042 Through its Authorised Signatory/Convener Mrs. Anupama S. Dhuri ... Petitioner And 1.Mr. Sandip Shivram Chaudhari aged 45 years, Occupation: Service and

2. Mrs. Sanika Sandip Chaudhari aged 36 years, Occupation: Housewife, Both residing at Koshimbade, Post-Piwali, Tal-Shahapur, Thane - 421601 ... Prospective Adoptive Parents ______________________________________ Ms. Sangeeta Nagpal for the Petitioner.

Mr. O. Hareendran - Scrutiny Officer - ICSW present. Mr. Sandip S. Chaudhari - Adoptive Father present Mrs. Sanika S. Chaudhari - Adoptive Mother present Mr. Dilip S. Gurav - Chamber Registrar present. _______________________________________

CORAM : FARHAN P. DUBASH, J.

DATE :

08th APRIL 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 Pranav (minor) born on 14th December 2024. The minor was surrendered by his biological mother before the Child Welfare Committee, Mumbai Suburban District (CWC) on 24th December 2024 and his safe custody was given to the Petitioner Institution 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 Child Welfare Committee, Mankhurd, Mumbai, declared the minor 'Legally Free for Adoption' by an order dated 04th March 2025 after following the necessary procedure. The required Undertakings and Affidavits have also been tendered and are placed on record. 3.

The PAPs are Indian Nationals, residing at Shahapur, Maharashtra and are aged about 44 and 37 years respectively. They have been married for the past 18 years and have no biological children. The PAPs marriage certificate has been placed on record.

4.

The Prospective Adoptive Father is stated to be having a transport and goat farming business and his annual income for the Assessment Year 2025-26 is stated to be Rs. 5,95,560/. 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 27th June 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 Specialized Adoption Agency - Janani Ashish Charitable Trust, Dombivli, Thane 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 Mother, 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 16th June 2025, is on record, and it records the health status of the minor as "Normal". His overall observation report states that 'Child's 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 on record. The HIV Report of the minor, dated 03rd June 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 Pranav be renamed as "Smaran Sandip Chaudhari". 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 May 2026. A copy of the extension order dated 30th March 2026 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 07th April 2026 which is taken on record and marked 'X' for identification.

12.

Having considered the material on record, as well as the Report of Mr. O. Hareendran 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. 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;

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.

1 2023 SCC OnLine Bom 90

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) For adoption of the Proposed minor Pranav @ Smaran Sandip Chaudhari born on 14th December 2024 by the Proposed Adopters under Juvenile Justice Act (b) For declaring the Proposed Adopters as Adoptive parents of the Said minor and shall have all parents rights, privileges and responsibilities over the said minor Pranav @ Smaran Sandip Chaudhari (c) That the Prospective Adoptive Parents be granted permission to change the name of the minor from Pranav to Smaran Sandip Chaudhari (d) That the concerned Municipal Authority/Birth Certificate issuing Authority may be directed to issue Birth Certificate in the name of the said minor Smaran Sandip Chaudhari born on 14th

December 2024 and stating thereon that the Prospective Adoptive Parents as the Parents of the said minor.

(e) 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."

(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.) Ajay Digitally signed by JYOTI PRAKASH PAWAR Date:

2026.04.15 17:04:50 +0530 JYOTI PRAKASH PAWAR