Bombay High Court
Catherines Home vs Varun Grover And Parishima Vasta ... on 21 January, 2026
2026:BHC-OS:1816
IAP/5/2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
ORDINARY ORIGINAL CIVIL JURISDICTION
signed by
JYOTI
JYOTI
PRAKASH
PAWAR
PRAKASH
PAWAR
Date:
AND
2026.01.22
19:05:47
+0530
IN ITS GENERAL AND INHERENT JURISDICTION
INDIAN ADOPTION PETITION NO. 5 OF 2026
St. Catherine's Home,
part of St. Catherine's Society at Veera Desai Road,
Andheri (West), Mumbai - 400 058
through its Superintendent / Authorized Signatory
Sister Rosemaria Francis Vadakken
... Petitioner
And
Varun Grover,
aged 44 years, Occupation: Service and
Parishima Vasta,
aged 46 years, Occupation: House Wife,
Both Indian Nationals, residing at B-0504 Keya Around
Amaze, Seegehalli , VTC, Kannamangala (PO),
Bangalore - 560 067.
... Prospective Adoptive Parents.
______________________________________
Mr. Rakesh K. L. Kapoor for Petitioner.
Ms. Vandana M. Chincholkar - Scrutiny Officer - ICSW present.
Mr. Dilip S. Gurav, Chamber Registrar present.
_______________________________________
CORAM : FARHAN P. DUBASH, J.
DATE : 21st JANUARY 2026
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Order dated 21st January 2026
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IAP/5/2026
ORDER:
1. By this Indian Adoption Petition, the Petitioner Institution and the Proposed Adoptive Parents ("PAPs") have sought adoption of the female minor Yasmin ("the said female minor") stated to be born on 11th October 2024. The said female minor was surrendered by her biological mother before the Child Welfare Committee ("CWC") Mumbai Suburban-II, on 25th October 2024 under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015. The Admission Order of the CWC is also on record.
2. After making the due inquiry under section 38 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the CWC, Mumbai Suburban-II declared the said female minor "Legally Free for Adoption" on 28 th April 2025. The Free for Adoption Certificate is on record.
3. The PAPs are Indian Nationals, residing at Bangalore, Karnataka aged about 44 and 46 years respectively. They have been married for the past 6 years with no biological children. The Certificate of Registration of Marriage, the Joint Family Photograph, PAN, Aadhar Cards, Proof of Residence and the Motivation letter is on record.
4. The Medical Report dated 6th November 2025 of the PAPs is on record and states that they are medically fit to adopt a child. On examination they are found to be generally good with normal vital signs. Their HIV and Page 2 of 7
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Order dated 21st January 2026 ::: Uploaded on - 22/01/2026 ::: Downloaded on - 22/01/2026 20:43:51 ::: IAP/5/2026 HBsAg Test Reports certify the case as non-reactive. These reports are also on record.
5. The Prospective Adoptive Father is working as a Senior Data and Analytics Audit Manager with HSBC Professional Services (India) Private Limited, Pune since 18th October 2021 and his monthly gross salary is Rs. 4,10,367/-. His pay slips, Income Tax Returns and Form No.16 are on record. The Prospective Adoptive Mother is a Homemaker. The Supportive financial documents and Proof of Residence are also on record.
6. The Home Study Report Part I Self-Assessment of the PAPs is taken on record. The Home Study Report Part II: Assessment Reports dated 4 th January 2022 and 17th December 2024 of the Specialized Adoption Agency 'Shishu Mandir Children's Home'("SAA") Bangalore have found the PAPs suitable to adopt a child.
7. The Child Security undertaking dated 7 th November 2025 given by the Prospective Adoptive mother's younger brother and sister-in-law residing at Andheri, Mumbai to look after the said female minor in case of any mishap to the PAPs is on record.
8. The Medical Examination Report of the said female minor dated 4th August 2025 states that "Health Status: Normal. Overall Observation of the Page 3 of 7
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Order dated 21st January 2026 ::: Uploaded on - 22/01/2026 ::: Downloaded on - 22/01/2026 20:43:51 ::: IAP/5/2026 Child: Yasmin is a happy and playful 9 months old. She has achieved most of the milestones expected for her age". At present her overall development is within normal limits." The PAPs have countersigned these Reports and is on record at Exhibit L-1 to the Petition. The H.I.V Report of the said female minor dated 2nd August 2025 certifies the case as Negative. These reports along with the Post card photo of the said female minor are taken on record.
9. As regards the change of name, the PAPs desire that the female minor "Aishwarya" be renamed as "Kivara Grover". The Statement for the same is on record as well.
10. The other documents are in order, including the pre-adoption foster care undertaking, the declaration and willingness undertakings. A copy of the Affidavit by the Chief Functionary of the SAA in support of the adoption of the said female minor is also on record. The Petitioner Institution's undertaking to furnish follow up Post Adoption Reports is also taken on record. Reference letters have been taken on record as well.
11. The Petitioner Institution's recognition from the Women & Child Development, Maharashtra State to place children in adoption is valid for the period up to 31st March 2026.
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12. The Minutes of Adoption Committee Meeting 13 th November 2025 is on record, and it states that the PAPs are suitable to adopt the said female minor.
13. Mr. O Hareendran, Scrutiny Officer has tendered Report/ Representation of Indian Council of Social Welfare dated 15 th January 2026, which is taken on record and marked "X" for identification.
14. All requirements are satisfied as per Section 58 of the Juvenile Justice (Care and Protection of Children) Act, 2015, Regulations listed therein Chapter II and III of the Adoption Regulations, 2022.
15. It is relevant to note here that in the case of Nisha Pradeep Pandya alias Nisha Amit Gor and Anr.Vs. Union of India and Ors. concerning challenge raised to the Juvenile Justice (Care and Protection of Children) Amendment Act, 2021, the Division Bench of this Court on 10th January 2023 passed an interim order. relevant portion of said order of Division Bench reads as follows:
"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;Page 5 of 7
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(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."
16. Hence it is well settled that this Court can consider and dispose of the present Petition.
17. Having considered the material on record as well as the Report of Mr. O. Hareendran, Scrutiny Officer marked X, I am of the view that it would be in the interest of the said female minor that she is adopted by the PAPs.
18. In these circumstances, the Petition is allowed in terms of prayer clauses (a) to (d) of the petition, which read thus: -
(a) That the Prospective Adoptive Parents be given the said child Kivara Grover in Adoption and be declared as parents having all parental legal rights, Privileges and responsibilities over the said minor.
(b) That the Prospective Adoptive Parents may be granted leave to remove the said female minor Kivara Grover from the jurisdiction of this Page 6 of 7
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Order dated 21st January 2026 ::: Uploaded on - 22/01/2026 ::: Downloaded on - 22/01/2026 20:43:51 ::: IAP/5/2026 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 Kiara Grover. born on 11/10/2024 and stating thereon that the Prospective Adoptive Parents are the Parents of the said minor.
(d) That the Prospective Adoptive Parent be allowed to change the name of the minor from Yasmin' to "Kivara Grover".
19. Judge's Order is accepted and signed separately.
20. It is directed that the Petitioner will obtain further undertakings from the PAPs that they will not give the said female 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.
21. This Indian Adoption Petition is accordingly disposed of. There shall be no order as to costs.
( FARHAN P. DUBASH, J. ) Page 7 of 7
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