Bombay High Court
VATSALYA TRUSTversusDHANANJAY DOLAT SINGH CHAUHAN (PRO.ADO.PARENTS) PIYUSH ALIAS RUDRA DHANANJAY CHAUHAN (MINAR)
- Decided
- Disposal
- DISPOSED OFF
- Bench
- FARHAN PARVEZ DUBASH
Holding
The court allowed the adoption, declared the PAPs as adoptive parents, and permitted the name change, disposing of the petition.
Summary
The petitioner, Vatsalya Trust, sought the adoption of a male minor, Piyush, who was surrendered by his biological mother and declared legally free for adoption by the Child Welfare Committee. The prospective adoptive parents, Dhananjay and Roopali Chauhan, are Indian nationals, married for 16 years, childless, and financially stable, with medical clearances and a favorable home study report. The court examined the suitability of the adoptive parents, the procedural compliance under the Juvenile Justice (Care and Protection of Children) Act, 2015, and the request to change the child's name to Rudra Dhananjay Chauhan. Citing the precedent of Nisha Pradeep Pandya v. Union of India regarding jurisdiction, the court found no impediment to the adoption. Consequently, the court allowed the adoption, declared the PAPs as adoptive parents, permitted the name change, and ordered issuance of a new birth certificate, while imposing a condition that the child not be re‑adopted without court permission.
Issues considered
- Whether the prospective adoptive parents satisfy the statutory requirements for adoption under the Juvenile Justice Act.
- Whether the court has jurisdiction to entertain and dispose of the adoption petition in light of the Nisha Pradeep Pandya case.
- Whether the name of the minor can be changed as part of the adoption order.
Legislation cited
Subjects
- adoption
- Juvenile Justice Act
- Child Welfare Committee
- name change
- legal guardianship
- jurisdiction
Judgment
IAP/20/2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
AND
IN ITS GENERAL AND INHERENT JURISDICTION
INDIAN ADOPTION PETITION NO. 20 OF 2026
Vatsalya Trust, Mumbai,
Address at – Plot No. 1285,
Near Kanjur Marg Police Station, Kanjur (East),
Mumbai - 400042
Through its Authorised Signatory/Convener –
Mrs. Nanda S. Sangode … Petitioner
And
1.Mr. Dhananjay Dolat Singh Chauhan
aged 46 years, Occupation: Service
and
2. Mrs. Roopali Dhanjay Chauhan
aged 44 years, Occupation: Service,
Both residing at 102, Atharva Apeksha Complex,
Kurgaon, Dist. Palghar, Maharashtra 401502… Prospective Adoptive Parents
______________________________________
Ms. Sangeeta Nagpal for the Petitioner.
Mr. O. Hareendran – Scrutiny Officer – ICSW present.
Mr. Dilip S. Gurav - Chamber Registrar present.
_______________________________________
CORAM : FARHAN P. DUBASH, J.
DATE : 08th APRIL 2026
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Order dated 08th April 2026
IAP/20/2026
ORDER:
1. By this Indian Adoption Petition, the Petitioner and the
Prospective Adoptive Parents (PAPs) have sought the adoption of the male
minor named Piyush (minor) born on 31st October 2024. The minor was
surrendered by his biological mother before the Child Welfare Committee,
Mumbai Suburban District (CWC) on 12th November 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 16 th January 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 Palghar, Maharashtra
and are aged about 46 and 44 years respectively. They have been married for
the past 16 years and have no biological children. The PAPs marriage certificate
has been placed on record.
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Order dated 08th April 2026
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4. The Prospective Adoptive Father is working as a Supervisor with
Force 2 Security and Force Fire Services Pvt. Ltd., Palghar since October 2021
and his monthly salary is stated to be Rs. 24,740/-. The Prospective Adoptive
Mother is working as a GST Assistant with Maxwell Life Science Limited,
Palghar and her gross monthly salary is stated to be Rs, 25,000. On record are
their proof of residence and other financial/supporting documents.
5. The Medical Report dated 06th February 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 Officer, Palghar 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 brother and sister-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.
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Order dated 08th April 2026
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8. The Medical Examination Report of the minor, dated 24 th April
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 limit”. 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 10 th May 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 Piyush be renamed as “Rudra Dhananjay Chauhan”
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 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 06 th 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, Scrutiny Officer which has been marked ‘X’, I am of the
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Order dated 08th April 2026
IAP/20/2026
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 India 1, 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 10 th 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
1 2023 SCC OnLine Bom 90
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Order dated 08th April 2026
IAP/20/2026
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 Piyush @ Rudra
Dhananjay Chauhan born on 31st October, 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 Piyush @ Rudra Dhananjay
Chauhan
(c) That the Prospective Adoptive Parents be granted permission
to change the name of the minor from Piyush to Rudra Dhananjay
Chauhan
(d) That the concerned Municipal Authority/Birth Certificate
issuing Authority may be directed to issue Birth Certificate in the
name of the said minor Rudra Dhananjay Chauhan born on 31 st
October, 2024 and stating thereon that the Prospective Adoptive
Parents as the Parents of the said minor.
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Order dated 08th April 2026
IAP/20/2026
(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
JYOTI PRAKASH
PRAKASH PAWAR
PAWAR Date:
2026.04.15
17:04:26 +0530
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Order dated 08th April 2026
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