Case Note & Summary
The petitioner, Nikky Kanhaiyalal Bardia, is the natural daughter of Kuldeep Kumar Dugar. She was given in adoption to her maternal uncle, Kanhaiyalal Tarachand Bardia, by a Deed of Adoption executed in Calcutta on 8th March 2002 and registered in June 2003. She sought a correction in her passport and issuance of a new passport in her adoptive name. Upon approaching the Regional Passport Office in Mumbai, she was informed by a letter dated 17th June 2004 that she must obtain a declaratory order from a court. Consequently, she filed a suit in the City Civil Court, Bombay (Short Cause Suit No.3404 of 2004), but the court held that it had no jurisdiction to entertain such a suit. The petitioner then filed the present writ petition before the Bombay High Court. The High Court examined the Deed of Adoption and found no reason to doubt its validity, noting that the adoption was among near relatives. The court declared the adoption proper and valid and directed respondent No.2 (the passport authority) to process the petitioner's application for a passport in her adoptive name, i.e., Nikky Kanhaiyalal Bardia. The rule was made absolute in terms of prayer clause (a), with no order as to costs.
Headnote
A) Adoption Law - Validity of Adoption Deed - Passport Issuance - Adoption Deed among near relatives - The petitioner, adopted by her maternal uncle through a registered deed, sought a passport in her adoptive name. The passport office required a declaratory order from a court. The High Court held that the adoption deed was valid and should be acted upon, directing the passport office to process the application without requiring a separate court declaration (Paras 2-4).
Issue of Consideration
Whether a registered adoption deed among near relatives is sufficient for passport authorities to issue a passport in the adoptive name without a separate declaratory order from a court.
Final Decision
The court declared the adoption proper and valid and directed respondent No.2 to process the petitioner's application for a passport in her adoptive name, i.e., Nikky Kanhaiyalal Bardia. Rule made absolute in terms of prayer clause (a). No order as to costs.
Law Points
- Adoption deed among near relatives is valid and must be accepted by passport authorities
- Declaratory order from court not required when adoption deed is registered and undisputed
