PATEL MUKESHKUMAR KARSHANBHAI Vs. REGIONAL PASSPORT AUTHORITY

JUDGEMENT

(1.) Rule. Mr. Hriday Buch, learned Central Government Standing Counsel, waives service of notice of Rule, for the respondent. On the facts and in the circumstances of the case, and with the consent of the learned Advocates for the respective parties, the petition is being finally heard and decided.

(2.) This petition under Article 226 of the Constitution of India has been preferred with a prayer to direct the respondent Regional Passport Authority to renew the Passport, incorporating therein the name of the adoptive father of the petitioner, and to quash and set aside the Communication dated 29 -

(3.) -2011, whereby the application of the petitioner dated 07 -03 -2011, has been rejected on the sole ground that the adoption of the petitioner has not been done in accordance with the requirements of Section 10(iv) of the Hindu Adoptions & Maintenance Act, 1956 ("The Adoptions and Maintenance Act" for short). 3. The case of the petitioner, as set out in the petition, is that the petitioner has been adopted by Shri Karshanbhai Patel, as per the Registered Adoption Deed dated 09 -04 -2009, as the adoptive father of the petitioner has six daughters and no son. According to the petitioner, the rituals of adoption have been conducted as per the customs of the community to which the petitioner belongs. The name of the adoptive father of the petitioner has been entered in the Ration Card, Driving Licence, and Election Card of the petitioner, as being the father of the petitioner. The grievance of the petitioner is that, on applying for renewal of his Passport, the application has been rejected by the respondent by impugned order dated 29 -03 -2011, on the ground that the adoption of the petitioner has not been made in accordance with the provisions of Section 10(iv) of the Adoptions and Maintenance Act. Aggrieved thereby, the petitioner has approached this Court by way of the present petition.