JUDGMENT :

1. Rule. Rule made returnable forthwith with the consent of parties and taken up for final disposal.

2. This is one of the unfortunate cases at the centre of which is a minor child aged 2 years. The petitioners are the adoptive parents and the respondents are the biological parents. The adoptive parents claim that the biological parents have given the child in adoption and have executed deed of adoption dated 16th July 2021, which is disputed by the biological parents. The minor child is with the adoptive parents from the time he was two days old.

3. An Adoption Petition No.189 of 2021 was preferred on 18th September 2021, which came to be rejected vide order dated 16th March, 2022. The review preferred against the order of dismissal came to be rejected vide order dated 8th March, 2023. Vide order dated 8th March, 2023 passed in Miscellaneous Application No.137 of 2023 filed in Adoption Petition No.189 of 2021, the City Civil Court, Greater Mumbai directed the custody of minor child to be handed over to the biological parents. In the present petition, the dismissal of adoption petition, the dismissal of review petition and the order passed in miscellaneous application directing the handing over of custody of minor child has been assailed.

FACTS:

4. The facts of the case discernible from the material produced on record are as under:

On 16th July 2021, a document styled as “Deed of Adoption” came to be executed on a stamp paper of rupees one hundred, which was notarised. The deed bears the signatures of adoptive parents as well as the biological parents and as also the photographs of both sets of parents. There are no witnesses to the said deed. The recitals in the document read thus :

“1. Both the parties are agreed that since this deed of adoption the above said Child New Born Boy Baby will be known as New Born Boy Baby in the concerned record of the above Child in his future record and henceforth the Child will be known as New Born Boy Baby.

2. Both the parties declare that the second party will be Adoptive Father and all the rights of the child in respect of both the parties and inheritance in respect of personal and real estate of the second party.

3. The First party has no objection if the Adoptive Father will change the name of the said Child by way of Government Gazette as per Law and Procedure.

4. Biological parents undertake to be present before the Court for further decree, shall not evade the proceedings.

5. Biological parents shall not try to maintain contact or file any complaint before police.

6. The First party has maintained the Chile having responsibility of natural mother and liability of father and the Child requires the natural love and affection of father and the second party desirous to provide such and affection to the Child above mentioned.

7. All the parties declare that the Second parties desire to provide love and affection to the Child and he shall perform all the legal liabilities of father respectively for the purpose of education maintenance and better future of the Child and the Child shall be maintained as his own Child and in the properties of the Second parties the Child shall be entitle to get his lawful rights a per the Provisions of Law of Succession Act or any other Act, being enforce.

8. Both the parties declare that Second Party has adopted the above said Child with their free consent and desire without any force, collusion, connivance and pressure of whatsoever in nature from any one and his consent is free and valid in all respect.”

5. On 18th September, 2021, the adoptive parents filed Adoption Petition bearing No.189 of 2021 before the City Civil Court, Greater Mumbai. It was pleaded that the actual custody of child is given to the adoptive parents by the biological parents by way of execution of deed of adoption dated 16th July, 2021. It was pleaded that the biological mother had confirmed the intention of surrender of child permanently by filing her affidavit and that all necessary co