Wednesday, April 24, 2024

Delhi High Court issues notice to Centre on plea filed by man seeking passport for adopted daughter

The Delhi High Court has sought the response from the Centre on a petition filed by the adoptive father of a minor girl, seeking issuance of valid passport for her, with the name of her adoptive parents and directions to the Central Board for Secondary Education (CBSE) to issue Matriculation Certificate for his daughter.

A Single-Judge Bench of Justice Rekha Palli on August 24 also issued notice to the Chief Passport Officer, Regional Passport Officer (RK Puram), Central Adoption Resource Authority (CARA) and the CBSE.

According to the petition, the biological parents of the girl had passed away on June 2, 2005 in a car accident. Petitioner Ravi Ganjoo (adoptive father) is the elder brother of the girl’s biological father. Ever since the death of her biological parents, the petitioner and his wife Illa Ganjoo have been looking after her and taking care of all her needs.

The petition averred that Ravi and his wife had approached the Tis Hazari Court, New Delhi under Section 9(4) of Hindu Adoptions and Maintenance Act, 1956 (HAMA) to adopt the minor female child. The Tis Hazari Court vide order, dated December 23, 2008, allowed the petitioner to adopt his niece, directing him to execute and register an Adoption Deed. The petitioner was unable to execute and register the above-mentioned Adoption Deed due to certain unavoidable circumstances, and the same was registered on August 7, 2019.

The plea stated that the adoptive daughter of the petitioner sought to pursue graduation from the US and required a valid Indian Passport for the same. Pursuant to the circumstances, the petitioner applied for a passport for his adoptive daughter with his and his wife’s name as the parents. The petitioner met with the Regional Passport Officer, R.K Puram, who orally directed him to obtain ‘No Objection Certificate’ and ‘Issue of Conformity Certificate’ from CARA.

The petitioner further claimed that the CARA officials informed him, when he met them, that they have no jurisdiction to issue NOC, as the adoption was done under the HAMA and NOC is required only for adoption under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015.

Further, the plea submitted that on July 27, 2021, the petitioner wrote an email to CBSE to change the parentage details of his adoptive daughter on her Matriculation Certificate. The Board replied on July 28, 2021, seeking various documents, including a Court’s order, directing it to make changes in parentage of the adoptive daughter of the petitioner. The case was filed and argued by Advocates Siddharth Shankar and Sushma Shekhar. The next date for hearing is October 6.

Read order here:



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