Full Judgment Text
2026:BHC-KOL:150
3-cra-443-2025-J.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO.443 OF 2025
1. Shaikh Babaso Sikandar Patil,
Age:45 Years, Occu.: Service,
Permanent R/o. House No.370,
Turambe, Taluka: Radhanagari,
District: Kolhapur.
Now R/o. Tapasya Bungalow No.4/1,
Mangalwari Bazar, Sadar Nagpur.
2. Shaikh Samira Babaso Patil,
Age: 46 years, Occu.: Household,
R/o. As above.
3. Fazaleali Shabbirpasha Patil,
Age: 45 Years, Occu.: Agriculturist.
4. Mahammadi Fazaleali Patil,
Age:45 Years, Occu.: Household,
No.3 and 4 R/o. Alas, Taluka: Shirol,
District: Kolhapur. …..Applicants
Vs.
The State of Maharashtra,
Through District Child Protection Unit,
Kolhapur. …..Respondent
Mr. Viraj Nalawade with Mr. Tanvi Lad, Ms. Sharwari Tipugade and
Mr. Girish Mujumdar, for the Applicants.
Mrs. S. N. Deshmukh, AGP, for the Respondent-State.
CORAM : MRS. VRUSHALI V. JOSHI, J.
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DATED : 12 JANUARY 2026
JUDGMENT :-
1. The Applicants have challenged the order passed by the District
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Judge-2, Kolhapur returning the documents observing that the
applicants have not followed the procedure as per amended Act and
directed the Applicants in inter-relative adoption process to produce
the documents through District Child Protection Unit.
2. The counsel for Applicants has stated that Applicant Nos.2 and
4 are the real sisters and Applicant Nos.1 and 2 are prospective
adoptive parents. Applicant Nos.3 and 4 are willing to give their
daughter in adoption and they followed the procedure as per
provisions of Regulation 54(2) of the Adoption Regulations 2022 in
prescribed format at Schedule XIX and XXII of the Adoption
Regulations 2022. The Applicant No.1 applied for Central Adoption
Resource Authority (CARA) and received caring registration
No.RLMH202502214365. After following the due procedure, the
Applicants filed the application before District Judge-2, Kolhapur.
The District Judge-2, Kolhapur has returned the documents stating
that as per Section 54(8) of the Adoption Regulations 2022, after
scrutiny of the application, District Child Protection Unit shall file the
application as provided under Schedule III before the District
Magistrate of the District where the child is habitually residing.
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3. The counsel for Applicants has stated that this Court in Aadil
Ibrahim & Anr. In the matter in between Nisha Pradip Pandya & Anr.
1
v. Union of India & Ors. has stayed the amended Act of the adoption
and directed the District Courts to proceed further as per the earlier
procedure for adoption. According to District Court, the stay is only
to the extent of transferring the matter to District Magistrate instead
of District Court and has directed to proceed as per the Amended
Act, 2022.
4. The Respondent-District Child Protection Unit has filed a reply
and has stated that order passed by the trial Court is correct. The
Applicants have to file the documents as per the procedure
mentioned in Section 54(8) of the Amended Act, 2022. As the
procedure is not followed and there is no stay to the said procedure,
justified in rejecting the application.
5. Heard the learned counsel appearing for both the parties.
6. While handling the adoption matters, it is required to bear in
mind the interest of the minor, who are put up for adoption and
interest of prospective adoptive parents. The trial Court should not
1 2023 SCC OnLine Bombay 90.
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go into the minor technicalities. It appears from the record that the
Applicants have followed the procedure. They have submitted the
entire documents through Child Welfare Committee. The
registration number is also obtained by registering through CARA.
Only because the said documents are not produced through the
District Child Protection Unit, the District Court has returned the
documents. The Court must be sensitive while dealing with such
matters and avoid such hyper-technical view. In such matters the
Court must satisfy that the adoption is for well-being of the child and
the applicants have filed necessary documents on record.
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7. Moreover, after going through the order dated 16 June 2023
passed by Division Bench of this Court in Interim Application (L)
No12194 of 2023 in Writ Petition No.1085 of 2023, it appears that it
is specifically observed by this Court that “this Court has not stayed
adoption process in any manner. These will continue as they were
being conducted as prior to the amendments to the Juvenile Justice
Act and Rules, that are under challenge in those Writ Petitions.”
Those Writ Petitions are still pending. Interim protection is there.
Though in the beginning, it is mentioned that Amended Act is
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challenged to the extent that the word ‘Court’ is replaced with
‘District Magistrate’, on perusal of the entire order, it appears that the
stay was granted in terms of prayer clause (d)(e) and (f) and the
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order passed on 16 June 2023 is more specific.
8. Considering the order passed by this Court and as to avoid
hyper-technical view, while considering inter-relative adoption if the
procedure is complied with, the application is allowed.
9. The District Judge-2, Kolhapur is directed to proceed further on
the basis of documents submitted by the Applicant No.1 instead of
directing to place these documents through District Child Protection
Unit.
(MRS. VRUSHALI V. JOSHI, J.)
Digitally
signed by
RAJU
DATTATRAYA
GAIKWAD
Date:
2026.01.12
18:54:52
+0530
RAJU
DATTATRAYA
GAIKWAD
Gaikwad RD
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