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2026:BHC-AS:4835-DB

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

Writ Petition No. 14840 of 2022

Mrs. Geeta Dattatray Achari … Petitioner

V/s.

State of Maharashtra and others … Respondents.

Mr. Yash Agarwal a/w. Advocate Disha Rathod and Advocate

Ruturaj Bethe i/b. Vaibhav Kulkarni for the Petitioner.

Mr. G.R.Raghuwanshi, AGP for the Respondents-State.

CORAM : M.S. KARNIK &

S.M. MODAK, JJ.

DATE : 29th January 2026.

JUDGMENT: (PER S.M.MODAK, J)

. An interesting question has arisen in this petition which

Digitally

signed by pertains to ascertaining the caste of an adopted child. This question

LATA

LATA SUNIL

SUNIL PANJWANI

PANJWANI Date:

2 10 92 :06 5.0 :01 8.30 has arisen on the background that the parents of the adopted child

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are not known. He was abandoned and was thereafter adopted by the

present Petitioner, being the adoptive mother. She along with her

husband Dattatray have made an application before the District

Court, Pune as per the provisions of what was then ‘The Juvenile

Justice (Care and Protection of Children) Act, 2000’. One ‘Society

for Friends of the Sassoon Hospital’’(SOFOSH) was also a co-

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applicant.

2. The District Court after completing the procedure as per the

order dated 22^nd August 2014 has passed the following order:-

“1. The application is allowed.

2. It is hereby declared that the birth date of male minor

Om Dattatray Achari is 5/2/2010 at Pune, (Maharashtra

State).

3. It is hereby declared that proposed adopters MR.

Dattatray Waman Acahari and Mrs. Geeta Dattatray Achari

are adoptive parents of male minorOm, henceforth wished to

be named as Om Dattatray Achari.

4. It is hereby directed to the Municipal Corporation,

Pune, to issue birth certificate of minor Om, henceforth

wished to be named as Om Dattatray Achari by showing the

proposed adopters Mr. dattatray Waman Achari and Mrs.

Geeta Dattatray Achari as a parents of the said child.

5. Proposed adopters Mr. Dattatray Waman Achari and

Mrs.Geeta Dattatray Achari shall take suitable Life Insurance

Policy having face value of Rs.1,00,000/- (Rupees One Lac)

in the name of minor Om, henceforth wished to be named as

Om Dattatraya Achari under their guardianship.

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6. Proposed adopters Mr. Dattatray Waman Achari and

Mrs. Geeta Dattatray Achari shall also invest the amount of

Rs.1000/- (Rupees One Thousand) per month in recurring

deposits in any Nationalized Bank, in the name of minor

Om, henceforth wished to be named as Om Dattatray

Achari, till be attains age of majority under their

guardianship.

7. Proposed adopters shall submit progress report of the

child at the interval of every three months for the first two

years and then at the intervals of every six months for next

five years.

8. Proposed adopters shall submit xerox copies of papers

of investments to this court within three month from the

date of this order.

9. Proposed adopters shall pay Rs.1000/- (Rupees one

thousand) to ICSW, Pune, towards expenses.

10. Record and Proceeding be preserved in sealed

condition.”

3. The Petitioner belongs to Special backward category and

accordingly on her application Dy. Collector, Pune has granted caste

certificate in favour of the adopted son Om on 19^th June 2017. There

was a complaint by an unknown person that the Petitioner has

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obtained the caste certificate on the basis of false documents. The

Sub-divisional officer conducted an enquiry and as per his order

dated 21^st February 2018 cancelled the caste certificate. The appeal

filed on behalf of the Petitioner was dismissed by Caste Scrutiny

Committee, Pune as per their order dated 31^st December 2018.

There is a challenge to this decision by way of this petition.

4. Accordingly, we have heard learned Advocate for the Petiti