Transfer Of Adoption Powers To District Magistrates Valid: Bombay High Court Upholds 2021 Juvenile Justice Act Amendment

 We have noted that though the Bombay High Court had granted stay to the transfer of pending adoption matters to the District Magistrate, by directing that ongoing cases shall continue in the Court, in other States the Amendment of 2021 has come into force and has yielded success. In light of the aforesaid discussion, since we do not find any merit and substance in the challenge raised by the Petitioners, both the Petitions stand dismissed. Pending Interim Applications also stand disposed of. At the same time, we vacate the interim order dated 10/01/2023 and permit the matters to be dealt with by the

District Magistrate. We must also clarify that in the interregnum the orders which are passed by the Court in adoption matters shall be treated as legally and validly passed. {Para 28}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO.1085 OF 2023

Nisha Pradeep Pandya alias Nisha Amit Gor & Anr.  V/S  Union of India & Ors.

CORAM : BHARATI DANGRE &

MANJUSHA DESHPANDE, JJ

DATE : 4th MAY 2026

JUDGMENT (PER BHARATI DANGRE, J) :

Citation: 2026:BHC-OS:11417-DB

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Bombay High Court Orders Stay On Transfer of Adoption Cases To District Magistrates.

  While considering interim relief, we must bear in mind the

primary objective which is the interest of the children and infants

who are to be adopted whether these are domestic or foreign

adoptions. The concerns of the adoptive parents are also involved.

In considering ad-interim relief, we have to bear in mind the

interests of the minors who are put up for adoption and the interests

of the adopted parents. Presently, the adoptions are being handled

by Single Judges of this Court. This has continued for a very long

period of time and nothing is shown to us to indicate why for a

limited period of time of about four weeks this should not be

continued until we finally hear the challenge. No prejudice will be

caused to any party if the existing system continues. On the

contrary, the primary interest would be protected. Moreover, we are

granting interim relief only until the next date and not indefinitely for a long period of time. We are not impressed by the arguments of delays for disposals because at least in this High Court, the the adoptions jurisdiction is one in which there is no backlog at all. Adjournments are almost never requested or ordered and disposals take place on a weekly basis. {Para 2}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION (L) 598 OF 2023

IN

WRIT PETITION NO. 32065 OF 2022

Aadil Ebrahim & Anr ...Applicant

In the mater between

Nisha Pradeep Pandya alias Nisha Amit Gor & Anr Vs Union of India & Ors 

CORAM G.S. Patel &

S.G. Dige, JJ.

DATED: 10th January 2023

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