Vatslya Trust Mumbai vs Sandeep Kumar Jangir Mr. Sampatlal Jangir (Pro.Ado.Parents) Yuvaan Jangir (Minor)

IAP/1/2026

Digitally signed by JYOTIPRAKASH JYOTIPRAKASHPAWAR IN THE HIGH COURT OF JUDICATURE AT BOMBAY PAWAR Date:2026.02.03 21:43:21 +0530 ORDINARY ORIGINAL CIVIL JURISDICTION AND

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IN ITS GENERAL AND INHERENT JURISDICTION

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INDIAN ADOPTION PETITION NO. 1 OF 2026

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Vatsalya Trust, Mumbai , Address at – Plot No. 1285, Near Kanjur Marg Police Station, Kanjur (East), Mumbai 400 042 Through its Authorised Signatory/Convener - Mrs. Nanda Shashikant Sangode, Adult, …Petitioner

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And

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Mr. Sandeep Kumar Jangir S/o Mr. Sampatlal Jangir aged 38 years, Occupation: Business and

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Mrs. Sarita Devi W/o Sandeep Kumar aged 43 years, Occupation: Housewife,

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Both Hindu Indian Inhabitants, having Permanent Address: Ward No. 15, Tech Churu, Ratan Nagar, Churu, Rajasthan – 331021.

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…Prospective Adoptive Parents

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Ms. Aarti P. Kulkarni for Petitioner. Mr. O. Hareendran – Scrutiny Officer – ICSW present. Mr. Dilip S. Gurav, Chamber Registrar present.

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Page 1 of 7

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Order dated 29^th January 2026

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CORAM : FARHAN P. DUBASH, J.

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DATE : 29^th JANUARY 2026

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ORDER:

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By this Indian Adoption Petition, the Petitioner and the Prospective Adoptive Parents ( PAPs ) have sought the adoption of the male minor named Ninad ( minor ) born on 7^th January 2024. The minor was surrendered by his biological mother before the Child Welfare Committee ( CWC ), Mumbai Suburban-I on 23^rd January 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 dated 23^rd January 2024 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.

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The Child Welfare Committee, Mankhurd, Mumbai, declared the minor ‘Legally Free for Adoption’ by an order dated 2^nd April 2024 after following the necessary procedure. The required Undertakings and Affidavits have been placed on record.

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The PAPs are Indian Nationals, residing at Churu, Rajasthan and are aged about 38 and 43 years respectively. They have been married for the

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past 15 years with no biological children and their marriage certificate has also been placed on record.

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The Prospective Adoptive Father is working as a Carpenter and his total income for the year 2024 is stated to be Rs. 4,73,610/- . The Prospective Adoptive Mother is stated to be a Homemaker. On record are their proof of residence and other financial/supporting documents.

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The Medical Report dated 21^st June 2024 of the PAPs is on record, and their HIV reports show a negative result.

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The Home Study Report of the authorities of the Specialised Adoption Agency – District Child Protection Unit, Churu, Rajasthan has found the PAPs suitable to adopt a child. The Home Study Report records that the PAPs are suitable enough from an emotional point of view to be entrusted with the adoption and upbringing of children. In addition, the Child Security Undertaking by the brother and sister-in-law of the prospective adoptive mother residing at Churu, Rajasthan to look after the minor in case of any mishap to the PAPs is placed on record.

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The other necessary documents including the letter of acceptance, the declaration and willingness and undertakings are also placed on record.

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The Medical Examination Report of the minor, dated 5^th July 2024, is on record, and it states the health status of the minor as “Normal”. His overall observation report states that ‘Child’s development is a dynamic 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 27^th January 2024, is also on record and certifies the case as Negative.

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As regards the change of name, the PAPs desire that the said minor’s name Ninad be renamed as “Yuvaan Jangir.”

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The Petitioner Institution's recognition from the Women & Child Development Department, 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 5^th December 2025 issued by Women and Child Development Department, Government of Maharashtra is on record.

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Mr. O. Hareendran, Scrutiny Officer, has tendered a Report/ Representation of the ‘Indian Council of Social Welfare’ dated 23^rd January 2026 which is taken on record and marked ‘X’ for identification.

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------------------------------------Order dated 29^th January 2026

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Having considered the material on record, as well as the Report of

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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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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 :

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“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:

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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;

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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.

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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.

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1 2023 SCC OnLine Bom 90

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Order dated 29^th January 2026

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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.”

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Therefore, it is clear that this Court can consider and dispose of the present Petition.

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In these circumstances, the Petition is allowed in terms of the prayer clauses (a) to (e) of the Petition, which read as under :

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a) That the Prospective Adoptive Parents be given the said child in Adoption and be declared as parents and has all parental legal rights, Privileges and responsibilities over the said minor.

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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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c) That the concerned Municipal Authority/Birth Certificate issuing Authority may be directed to issue Birth Certificate in the name of the said minor Yuvaan Jangir born on 07/01/2024 and stating that the Prospective Adoptive Parents are as the Parents of the said minor.

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d) That the Prospective Adoptive Parents be allowed to change the name of the minor from Ninad to "Yuvaan Jangir" born on 07/01/2024.

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e) Pass such other or further orders as it may deem fit and proper on the Facts and in the circumstances of the case.

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It is directed that the Petitioner will obtain further undertakings 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.

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The Indian Adoption Petition is accordingly disposed of. There shall be no order as to costs.

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( FARHAN P. DUBASH, J. )

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Order dated 29^th January 2026

Vatslya Trust Mumbai v. Sandeep Kumar Jangir Mr. Sampatlal Jangir (Pro.Ado.Parents) Yuvaan Jangir (Minor)

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Vatslya Trust Mumbai v. Sandeep Kumar Jangir Mr. Sampatlal Jangir (Pro.Ado.Parents) Yuvaan Jangir (Minor)

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