Bombay High Court
Vatsalya Trust vs Rohit Char (Prospective Adop Parents) on 29 April, 2026
2026:BHC-OS:11132
IAP/29/2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
AND
IN ITS GENERAL AND INHERENT JURISDICTION
INDIAN ADOPTION PETITION NO. 29 OF 2026
Vatsalya Trust,
Address at - Near Kanjur Marg Police Station,
Kanjur Marg (East), Mumbai - 400 042
Through its Authorised Signatory/Convener -
Mrs. Leelawati S. Belwalkar ... Petitioner
And
1. Mr. Rohit Char
aged 40 years, Occupation: Service,
and
2. Mrs. Pooja Char
aged 38 years, Occupation: Homemaker,
Both residing at Bldg. 1, Wing A-2,
New Ajantha Avenue, Paud Rd. Kothrud,
Pune,
Maharashtra - 411 038 ... Prospective Adoptive Parents
______________________________________
Ms. Sangeeta Nagpal for the Petitioner.
Mr. O. Hareendran - Scrutiny Officer - ICSW present.
_______________________________________
CORAM : FARHAN P. DUBASH, J.
DATE : 29th APRIL 2026
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Order dated 29th April 2026
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IAP/29/2026
ORDER:
1. By this Indian Adoption Petition, the Petitioner and the Prospective Adoptive Parents (PAPs) have sought the adoption of the female minor named Rama (minor) born on 24th May 2025. The minor was surrendered by his biological mother on 3 rd June 2025 and his safe custody was given to the Petitioner Institution on the same day as per the order of the Child Welfare Committee (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 Mumbai City - II, declared the minor 'Legally Free for Adoption' by an order dated 29 th August 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 Pune, Maharashtra and are aged about 40 and 38 years respectively. They have been married for the past 7 years with no biological children. The PAPs marriage certificate has been placed on record.
4. The Prospective Adoptive Father is working as a Manager IT Consultant with Doelher India Pvt. Ltd., Pune and his gross monthly salary is Rs. Page 2 of 7
------------------------------------- Order dated 29th April 2026 ::: Uploaded on - 30/04/2026 ::: Downloaded on - 30/04/2026 22:13:32 ::: IAP/29/2026 1,92,792. On record are their proof of residence and other financial/supporting documents.
5. The Medical Report dated 18th October 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 - Sishu Mandir Children's Home, Bengaluru 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 cousin sister and brother-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.
8. The Medical Examination Report of the minor, dated 3 rd October 2025, is on record, and it records the health status of the minor as "Normal". His overall observation report states that ' Child's development is a dynamic Page 3 of 7
------------------------------------- Order dated 29th April 2026 ::: Uploaded on - 30/04/2026 ::: Downloaded on - 30/04/2026 22:13:32 ::: IAP/29/2026 process and may show variation with time. At present up to now 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 on record. The HIV Report of the minor, dated 5th June 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 Rama be renamed as "Vaanya Char".
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 May 2026 is placed on record.
11. Mr. O. Hareendran, Scrutiny Officer, has tendered a Report/ Representation of the 'Indian Council of Social Welfare' dated 21 st 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 view that it would be in the interest of the minor that he is adopted by the PAPs.
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13. 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 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 who is assigned those 1 2023 SCC OnLine Bom 90 Page 5 of 7
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Order dated 29th April 2026 ::: Uploaded on - 30/04/2026 ::: Downloaded on - 30/04/2026 22:13:32 ::: IAP/29/2026 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 female minor RAMA @VAANYA CHAR born on 24th May 2025 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 Baby VAANYA CHAR.
(c) That the Proposed Adopters be granted permission to change the name of minor RAMA to VAANYA CHAR.
(d) That the concerned Municipal Authority / Birth Certificate Issuing Authority may be directed to issue of the said minor Birth Certificate in the name of VAANYA CHAR, born 24th May 2025 and stating thereon that the Prospective Adoptive Parents as the Parents of the said minor.
(e) That the Prospective Adoptive Parents may be granted the said minor from the jurisdiction of this Hon'ble Court and to take the Page 6 of 7
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Order dated 29th April 2026 ::: Uploaded on - 30/04/2026 ::: Downloaded on - 30/04/2026 22:13:32 ::: IAP/29/2026 Leave to remove 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 JYOTI Digitally signed by JYOTI PRAKASH PRAKASH PAWAR Date: 2026.04.30 PAWAR 12:01:27 +0530 Page 7 of 7
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