HARJIT SINGH MINOR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS judgment will dispose of two writ petitions (No. 10817 of 1989 and 8896 of 1989 ). These have been laid before us on a reference by M. R. Agnihotri, J.

(2.) HARJIT Singh, minor, and his adoptive father Gurcharan Singh and mother Smt. Sarbjit Kaur are petitioners in the former writ petition while Parminder Singh, his adoptive father Nirmal Singh Sangha and mother Smt. Parkash Kaur Sangha are the petitioner in the latter petition.

(3.) THE petitioners had moved applications to the Passport Immigration Officer, Jalandhar for the issuance of passports in favour of the minors. The said officer has held the adoptions to be invalid. On that basis, he refused to issue the passports. With respect to Parminder Singh petitioner, the adoption was held to be inavalid on the basis that his adoptive father, Nirmal Singh Sangha had a natural son living at the time of adoption. With regard to Harjit Singh petitioner, the adoption was held to be invalid, as he was above 15 years of age at the time of adoption.