MEMUNA HATIM KAGALWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Special Civil Application is filed praying to direct the respondent No.2 to consider the passport application of the minor daughter of the applicant namely INSIYA HATIM KAGALWALA being application No.AH2060850894425 dtd. 24/3/2025.

(2.) Learned counsel for the petitioner submits that the petitioner and her husband, who are residents of the UAE, had legally adopted a minor girl named Insiya and intended to take her with them abroad. It is submitted that for the purpose of obtaining a passport for the minor child, the petitioner's husband applied for a birth certificate before the Lunawada Nagarpalika by inadvertently suppressing the fact of adoption and on the basis of the said certificate, succeeded in securing issuance of the child's passport. Learned counsel submits that subsequently, when the authorities detected the said suppression, the husband and father-in-law of the petitioner approached two agents, namely Shabbir Roadiva and Abhishek Madhu, to resolve the issue and one of the agents wrongfully took possession of the minor's passport and began extorting money under the threat of a purported Red Corner Notice. It is submitted that owing to these facts, the father-in-law of the petitioner lodged FIR CR-I-58/2017 at Lunawada Police Station, during investigation of which the police seized the original passport of the minor. Learned counsel submits that the petitioner's application before the learned Additional Chief Judicial Magistrate, Lunawada for release of the passport came to be rejected on 2/2/2021, compelling her to approach this Hon'ble Court in Special Criminal Application No. 7202 of 2021, wherein this Court, vide order dtd. 14/2/2023, permitted the minor through the petitioner to apply for a fresh passport. It is further submitted that despite such liberty, the Passport Authority closed the fresh application on the ground that the adoption was invalid under the Hindu Adoptions and Maintenance Act (HAMA) since the adoptive parents belonged to different religions, and therefore insisted on production of a proper court adoption order. Learned counsel submits that although a subsequent petition was withdrawn, an Office Memorandum dtd. 14/11/2024 issued by the Ministry of External Affairs clarified that court decrees are required only in cases of in-country adoption under the Juvenile Justice Act involving relatives or step-parents, and the present case does not fall within that category. Relying on this clarification, the petitioner again applied for the child's passport on 24/3/2025; however, by communication dtd. 22/5/2025, the Passport Authority once again insisted upon a court decree of adoption/guardianship, leaving the petitioner with no option but to approach this Court by way of the present petition.

(3.) Learned counsel for the respondent No.2 passport authority submits that the respondent authority will process the passport application of the minor Insiya dtd. 24/3/2025 taking into consideration the Registered Adoption Agreement dtd. 20/7/2016 and the Office Memorandum dtd. 14/11/2024 for issuance of passport in accordance with law.