AMRUTA VIJAY VORA Vs. UNION OF INDIA

JUDGEMENT

(1.) Mr.N.J.Shah for Mr.D.N.Patel waives service of rule on behalf of respondent-passport authorities. Respondent No.2-Ashokkumar Narsibhai Solanki who is appearing party in person has no objection if the matter is taken up for ordering issuance of passport as per the adoption deed in respect of the petitioner-Amruta Vijay Vora, and therefore, the matter is taken up for final hearing today with the consent of all parties.

(2.) The short facts of the case are that the petitioner is the daughter borne out of the marriage of Alkaben Chunilal Bhokiya with Ashokumar Narsibhai Solanki-the respondent No.2 herein. The marriage of aforesaid Ashokkumar and Alkaben had taken place on 16.5.1989 and thereafter the petitioner was borne on 13.5.1991. It appears that because of differences between Alkaben and Ashokbhai Hindu Marriage Petition No.51/94 was filed in the court of District Judge, Junagadh for consent divorce. On 10.10.1994 the divorce deed was also executed between aforesaid husband and wife, namely, Ashokbhai and Alkaben and as per the said deed the custody of the petitioner was to be retained by the mother, namely, Alkaben. The said deed was also placed before the Ld.Dist.Judge and a decree for dissolution of marriage was passed accordingly.

(3.) It is the case of the petitioner that on 29.6.02, the mother of the petitioner, namely, Alkaben married with one Vijay Hiralal Vora who is citizen of USA and the marriage of Alkaben with Vijay Hiralal Vora is registered on 1.7.02 with the Registrar of Marriages, Ahmedabad city. Thereafter, on 3.7.02 the registered adoption deed is executed by Vijay Hiralal Vora adopting the petitioner as his daughter. It is the case of the petitioner that she is since then treated as the daughter of Vijay Hiralal Vora.