VISHWAS V JOSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) RULE. By consent rule made returnable and heard forthwith.

(2.) THE petition has been filed by the adoptive parents of a child Master Rohan for seeking a direction against respondents to issue to the petitioners passport for their child in the name of "Rohan Vishwas Joshi" and be directed not to include the name of the biological father in the said document.

(3.) THE learned Counsel for the petitioners has contended that the Passport Authorities particularly the Ministry of External Affairs, New Delhi have not taken into consideration the case of adoption which is permitted under the Personal Law of the petitioners and respondent no.3 while issuing the instructions. It is contended that after adoption the child is known as the child of their adoptive parents and in the present case child Rohan having been adopted by the petitioners would be known as child of the adoptive father i.e. Vishwas V. Joshi and not of his biological father Rahul Jayant Abhyankar. It is submitted that respondent no.3 was duly served with the notice and he has sent affidavit on Rs.100/- non-judicial stamp as he does not want to contest the matter. The said affidavit dated 25th April, 2010 is taken on record and marked "X" for identification. It is, therefore, submitted that the biological father has no objection for deleting his name and substituting it by the name of adoptive father. Respondent Nos.1 and 2 are not justified in refusing to issue the passport by granting the passport facility to the minor child Master Rohan as Master Rohan Vishwas Joshi.