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Bombay High Court

VASTSALYA TRUST MUMBAIversusYUVRAJ KOTHIRAM DHOTE AND MANJUSHA YUVRAJ DHOTE (PRO.ADO.PAR) AND SNEHIT YUVRAJ DHOTE (MINOR)

Decided
Disposal
DISPOSED OFF

Holding

The Court held that the adoption of the minor by the prospective adoptive parents is permissible and ordered the issuance of a birth certificate and name change.

Summary

The Vatsalya Trust petitioned for the adoption of a male minor, Snehit, who was surrendered by his biological mother and placed in the custody of the Trust by the Child Welfare Committee (CWC) under the Juvenile Justice (Care and Protection of Children) Act, 2015. After a Section‑38 inquiry, the CWC declared the child legally free for adoption and issued a Free for Adoption Certificate. The prospective adoptive parents, Mr. Yuvraj Dhote and Mrs. Manjusha Dhote, satisfied all statutory requirements, including financial stability, medical fitness, home study reports, and post‑adoption follow‑up, and sought to change the child’s name to Snehit Yuvraj Dhote. The Court examined the material on record, including a scrutiny report, and found that granting the adoption was in the child’s best interest. Relying on the JJ Act and precedent, the Court allowed the adoption, directed issuance of a new birth certificate, permitted the name change, and ordered the parties to obtain an undertaking not to re‑adopt the child without court leave. The petition was thereafter disposed.

Issues considered

  • Whether the prospective adoptive parents have complied with the procedural requirements of the Juvenile Justice (Care and Protection of Children) Act, 2015 for adoption.
  • Whether the Court can grant the adoption and order a change of name for the minor.
  • Whether the adoption petition is maintainable despite the interim order in Nisha Pradeep Pandya v. Union of India.

Legislation cited

Subjects

  • adoption
  • Juvenile Justice Act
  • Child Welfare Committee
  • free for adoption certificate
  • name change
  • home study report
  • post‑adoption follow‑up
  • legal guardianship

Judgment

                                                                                                               IAP/13/2026


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        ORDINARY ORIGINAL CIVIL JURISDICTION
          Digitally
                                                        AND
          signed by


                                     IN ITS GENERAL AND INHERENT JURISDICTION
          JYOTI
JYOTI     PRAKASH
PRAKASH   PAWAR
PAWAR     Date:
          2026.03.13
          18:08:02
          +0530




                                       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.

                       _____________________________________________

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                                                       Order dated 4th March 2026
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                                              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




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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 27 th 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 28 th

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 25 th 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.




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                               Order dated 4th March 2026
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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 26 th

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 31 st 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.

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11.           The first follow-up Report of the minor dated 5 th 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 4 th 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,


1   2023 SCC OnLine Bom 90

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                                   Order dated 4th March 2026
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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:

                                            ::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 and have all parental legal rights,


                                                Page 6 of 7
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                                     Order dated 4th March 2026
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                 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




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                                       Order dated 4th March 2026


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