KIRITKUMAR ARVINDBHAI PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Ms. Shrunjal Shah, learned Assistant Government Pleader waives service of notice of rule on behalf of respondent No.1 while Mr. Dharma Raval, learned advocate waives service of notice of rule on behalf of respondent No.2.

(2.) With consent of the learned advocates appearing for the respective parties, the matter is taken up for final hearing today.

(3.) Learned advocate Mr.Kikani appearing for the petitioners has submitted that even otherwise and without prejudice, as per Circulars dtd. 15/5/2015 and 31/1/2018 issued by the Ministry of Home Affairs, Government of India, only registered adoption deed is mandatory and decree of adoption from the court concerned has been discontinued. It is submitted that as per provision of the Hindu Adoptions and Maintenance Act, 1956 (for short "the Adoptions Act"), only registered adoption is mandatory. He has placed reliance on sec. 16 of the Adoptions Act in this regard. Thus, he has submitted that the appropriate orders may be passed.