Bombay High Court
VATSALYA TRUST MUMBAIversusMANOJ GURANI AND RIVA GURANI (PROP. ADOP. PRENTS) AND JIYANA GURANI (MINOR)
- Decided
- Disposal
- DISPOSED OFF
- Bench
- FARHAN PARVEZ DUBASH
Holding
The court held that, having satisfied all statutory requirements and being in the minor’s best interest, the adoption by the prospective parents is permissible under the Juvenile Justice Act.
Summary
The Vatsalya Trust filed an Indian Adoption Petition seeking to adopt a two‑year‑old girl, Owi, who was surrendered by her biological mother and declared legally free for adoption by the Child Welfare Committee. The prospective adoptive parents, a married couple from Hyderabad with no biological children, submitted all required documents including medical reports, home study, and undertakings, and were found suitable by the Specialized Adoption Agency. The court examined the material, considered a report from the Scrutiny Officer, and referenced the Nisha Pradeep Pandya v. Union of India decision on jurisdictional matters. Concluding that the adoption was in the minor’s best interest and that all statutory requirements under the Juvenile Justice Act were met, the court ordered the adoption, permitted a name change to Jiyana Gurnani, directed issuance of a birth certificate, and granted leave to remove the child from the court’s jurisdiction. The petition was subsequently disposed of without costs.
Issues considered
- Whether the prospective adoptive parents satisfy the statutory requirements for adoption under the Juvenile Justice (Care and Protection of Children) Act, 2015.
- Whether the court has jurisdiction to grant the adoption despite pending challenges to the JJ Act amendment.
- Whether the court may order a change of name and issuance of a new birth certificate for the adopted child.
- Whether the adoptive parents may be granted leave to remove the child from the jurisdiction of the court.
Legislation cited
Subjects
- adoption
- Juvenile Justice Act
- Child Welfare Committee
- legal free for adoption
- name change
- parental rights
- Indian Adoption Petition
Judgment
IAP/11/2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
AND
IN ITS GENERAL AND INHERENT JURISDICTION
INDIAN ADOPTION PETITION NO. 11 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 -
Ms. Anupama Sagun Dhuri … Petitioner
And
1. Mr. Manoj Ghurnani
aged 46 years, Occupation: Service,
And
2. Mrs. Riva Ghurnani
aged 45 years, Occupation: Housewife,
Both residing at House No. 1-59/35/A,
Flat No. 206, Block C, Springview Elegance
Camelot Layout, Kondapur,
Hyderabad – 50084 … Prospective Adoptive Parents
______________________________________
Ms. Aarti Prasad Kulkarni for the Petitioner.
Mr. O. Hareendran – Scrutiny Officer – ICSW present.
Mr. Dilip S. Gurav - Chamber Registrar present.
_______________________________________
Digitally
signed by
AMOL
AMOL PREMNATH
PREMNATH
JADHAV
JADHAV
Date:
CORAM : FARHAN P. DUBASH, J.
2026.03.12
22:53:40
+0530
DATE : 04th MARCH 2026
Page 1 of 6
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Order dated 04th March 2026
IAP/11/2026
ORDER:
1. By this Indian Adoption Petition, the Petitioner and the Prospective Adoptive
Parents (PAPs) have sought the adoption of the female minor named Owi (minor) born
on 05th December 2024. The minor was surrendered by her biological mother before the
Child Welfare Committee, Mumbai Suburban-I (CWC) on 10th December 2024 and her
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 18 th February 2025 after following the
necessary procedure. The required Undertakings and Affidavits have also been tendered
and are taken on record.
3. The PAPs are Indian Nationals, residing at Hyderabad, Telangana and are
aged about 46 and 57 years respectively. They have been married for the past 16 years
with no biological child and their marriage certificate has been placed on record.
4. The Prospective Adoptive Father is employed as a Manager with Wipro India
and his monthly salary as of September 2025 is stated to be Rs. 1,26,906. The Prospective
Adoptive Mother is stated to be a homemaker. On record are their proof of residence and
other financial/supporting documents.
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Order dated 04th March 2026
IAP/11/2026
5. The Medical Report dated 25th October 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 - District Child Protection Unit, Rangareddy District 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 06 th August 2025, is on
record, and it records the health status of the minor as “Normal”. Her 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 on record. The HIV Report of the minor, dated 17 th July
2025, is also placed on record and indicates that the result is negative.
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Order dated 04th March 2026
IAP/11/2026
9. As regards the change of name, the PAPs desire that the minor’s name Owi
be renamed as “Jiyana Gurnani”
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 5 th 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 02 nd March 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, 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.
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 :
1 2023 SCC OnLine Bom 90
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Order dated 04th March 2026
IAP/11/2026
“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.”
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 (d) which read as under:
“(a) That the Prospective Adoptive Parents be given the said child in Adoption
and be declared as parents having all parental legal rights, Privileges and
responsibilities over the said minor.
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Order dated 04th March 2026
IAP/11/2026
(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 Jiyana
Gurnani born on 05/12/2024 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 'Owi' to "Jiyana Gurnani” born on 05/12/2024.”
(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.)
Ajay
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Order dated 04th March 2026
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