TEESTA CHATTORAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India has been preferred by Ms. Teesta Chattoraj, a minor through her mother and natural guardian Smt. Rajeshwari Chattoraj. The petitioner seeks issuance of a writ of certiorari quashing the letter dated 04.04.2011 (Ref. No.RPO/PG/133/11) issued by the respondent, i.e. the Regional Passport Officer (RPO), New Delhi, whereby the petitioners request for issuance of a passport has been declined. The petitioner also seeks a writ of mandamus directing the respondent RPO to issue a passport in favour of the petitioner on the basis of the information supplied by the petitioner in her passport application form.

(2.) The petitioner was born on 15.11.1995 at Kolkata. Her natural parents are Sh. Abhijit Ghosh and Smt. Rajeshwari Ghosh, who is now known as Rajehswari Chattoraj. When the petitioner was only about two years old, the natural parents of the petitioner obtained decree of divorce by mutual consent. So far as the petitioner is concerned, the terms agreed between her natural parents, inter alia, provided that the petitioner s mother will not claim and/or demand of maintenance and/or alimony for the minor child at present or in future from the petitioner s father. It was also agreed that the petitioner s mother would maintain the petitioner. The petitioner s father admitted that he has no right to see the child for all times to come and he will not interfere in any manner regarding rearing up the child by the Opposite party and her family members and that he shall have no right to claim and/or demand for custody of the said child from the Opposite party.

(3.) The petitioner s mother married Sh. Surojit Chattoraj at New Delhi on 04.03.1999. By registered deed of adoption deed dated 12.06.2006, the petitioner was given in adoption by her mother to her husband Sh. Surojit Chattoraj. The petitioner submits that religious ceremonies to mark the acceptance of the petitioner by her adopted father were also held, and were attended by members and friends of the family.