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2023 Supreme(Online)(Bom) 1719

HIGH COURT OF BOMBAY
Sharmila U. Deshmukh, J
Jeetendra Gorakhnath Singh – Appellant
Versus
Yash Suresh Malani – Respondent


Advocates:
For the Appellants/Petitioners: Ms. Sneha Phense, Ms. Savita Sawalkar, Ms. Gunjan Tamhane i/b Ajit Tamhane
For the Respondents: Ms. Edith Dey i/b Mikhanil Dey

Table of Content
1. adoption process and parties involved. (Para 2 , 3 , 4 , 5)
2. contesting claims of parental authority. (Para 6 , 7 , 8)
3. judicial decisions and child custody order. (Para 9 , 10)
4. arguments on the validity of the adoption deed. (Para 12 , 14 , 15 , 16)
5. legal provisions governing adoption validity. (Para 13 , 17 , 22 , 23 , 29)
6. court’s procedural analysis and decisions. (Para 26 , 28 , 35 , 36 , 38)
7. final judgment and directives issued. (Para 41)

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 aga

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