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2021 DIGILAW 1884 (PNJ)

Kulveer Kaur (Minor) v. Union of India

2021-12-06

SUDHIR MITTAL

body2021
Judgment Mr. Sudhir Mittal, J. :-The petitioner is a minor aged 16 years. She has been adoptedby Satpal Singh and his wife Paramjeet Kaur. The adoption is evidenced bya registered adoption deed dated 17.09.2019. Thereafter, application dated09.09.2020 was moved for correction of the Passport so as to include thenames of the adoptive parents. The said application had been rejected. 2.Learned counsel for the petitioner has submitted that thepetitioner was adopted because the biological parents were not financiallysound. The biological father of the petitioner is the brother of the adoptivemother and on account of this close relationship, the adoption was done.The registered adoption deed has not been challenged by anyone till date.The biological parents have also filed an affidavit that they have noobjection to incorporation of the names of the adoptive parents in thePassport, yet, the correction is not being made. Reliance is placed uponjudgment dated 12.10.2015 passed in CWP No.13290 of 2015 MukhtiarSingh Vs. Union of India and others. 3.Learned counsel for respondent Nos. 1 to 3 submits thataccording to Section 11 of the Hindu Adoption and Maintenance Act 1956,no adoption can be made in case the adoptive parents have an earlier girlchild. Thus, the adoption is invalid. Being an invalid adoption, the namesof the adoptive parents cannot be incorporated in the Passport. 4.The argument raised by counsel for respondent Nos. 1 to 3 hasbeen negated by this Court in Mukhtiar Singh’s case (supra). It has beenheld that adoption through a registered deed has to be held valid in view ofSection 16 of the aforementioned Act read with Section 15 of the said Act.Thus, directions were issued to the Passport authorities to entertain theapplication for issuance of a Passport. 5.In view of the aforementioned judgment, the submissions madeby counsel for respondent Nos. 1 to 3 cannot be accepted. 6.The writ petition is accordingly allowed. 7.Respondent Nos. 1 to 3 are directed to correct the Passport ofthe petitioner by including the names of her adoptive parents.