Bombay High Court
VATSALYA TRUST MUMBAIversusADINATH RAMESH RAUT AND SWATI ADINATH RAUT (PRO.ADO.) ADITI ADINATH RAUT (MINOR)
- Decided
- Disposal
- DISPOSED OFF
- Bench
- FARHAN PARVEZ DUBASH
Holding
The Court allowed the adoption, declaring the prospective parents as the legal parents of the minor and ordering the name change to Aditi Adinath Raut.
Summary
The Vatsalya Trust, acting through its convener Mrs. Leelawati Belwalkar, and prospective adoptive parents Mr. Adinath Raut and Mrs. Swati Raut filed an Indian Adoption Petition seeking to adopt the female minor Trishika, born on 24 January 2025, who had been surrendered by her biological mother and declared legally free for adoption by the Child Welfare Committee (CWC) under the Juvenile Justice (Care and Protection of Children) Act, 2015. All statutory requirements were satisfied, including medical clearances, home study reports, a free‑for‑adoption certificate, and a post‑adoption follow‑up report indicating the child’s good health and attachment to the prospective parents. The Court examined the material records and a scrutiny report, and, relying on the precedent of Nisha Pradeep Pandya v. Union of India (2023 SCC OnLine Bom 90), affirmed its jurisdiction to dispose of the petition. It held that the adoption was in the best interest of the child and ordered that the prospective parents be declared the legal parents, granting them the right to change the child’s name to "Aditi Adinath Raut" and to obtain a birth certificate reflecting the adoption. The petition was allowed and subsequently disposed of without any order as to costs.
Issues considered
- Whether the prospective adoptive parents satisfy the procedural and substantive requirements under the Juvenile Justice (Care and Protection of Children) Act, 2015 for adoption of the minor.
- Whether the Court has jurisdiction to grant the adoption and order a change of name in view of the pending challenge in Nisha Pradeep Pandya v. Union of India.
- Whether the adoption is in the best interest of the child.
Legislation cited
Subjects
- adoption
- Juvenile Justice Act
- child welfare
- name change
- free for adoption
- post‑adoption follow‑up
- court jurisdiction
Judgment
IAP/14/2026
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
Digitally signed
by JYOTI
JYOTI PRAKASH
PRAKASH PAWAR
PAWAR Date:
2026.03.13
18:08:30 +0530
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.
_____________________________________________
Page 1 of 7
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Order dated 4th March 2026
IAP/14/2026
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 female minor named
Trishika (minor) born on 24th January 2025. The minor was surrendered by
her biological mother before the Child Welfare Committee, Mumbai Suburban-
I (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.
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Order dated 4th March 2026
IAP/14/2026
4. The Prospective Adoptive Father is working as Sr. D'Man - Structural
with B.G. Shirke Construction Tech Pvt. Ltd., Pune, since 16 th 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 7 th
February 2022, is on record. The Home Study Report Part II, dated 25 th 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.
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Order dated 4th March 2026
IAP/14/2026
8. The Medical Examination Report of the minor, dated 26 th 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 24 th 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 6 th
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
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Order dated 4th March 2026
IAP/14/2026
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 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 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 :
1 2023 SCC OnLine Bom 90
Page 5 of 7
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Order dated 4th March 2026
IAP/14/2026
"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."
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 (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.
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Order dated 4th March 2026
IAP/14/2026
(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 24 th 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
Page 7 of 7
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Order dated 4th March 2026
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