Bombay High Court
VASTSALYA TRUST MUMBAIversusYUVRAJ KOTHIRAM DHOTE AND MANJUSHA YUVRAJ DHOTE (PRO.ADO.PAR) AND SNEHIT YUVRAJ DHOTE (MINOR)
- Decided
- Disposal
- DISPOSED OFF
- Bench
- FARHAN PARVEZ DUBASH
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
IAP/13/2026
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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Order dated 4th March 2026
IAP/13/2026
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
IAP/13/2026
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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Order dated 4th March 2026
IAP/13/2026
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
IAP/13/2026
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,
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Order dated 4th March 2026
IAP/13/2026
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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