Gujarat High Court
Sagar Rajubhai Savani vs The Regional Passport Officer on 18 February, 2025
NEUTRAL CITATION
C/SCA/2024/2025 ORDER DATED: 18/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2024 of 2025
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SAGAR RAJUBHAI SAVANI
Versus
THE REGIONAL PASSPORT OFFICER
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Appearance:
MR KUNAL S SHAH(5282) for the Petitioner(s) No. 1
MR. ZAFAR K. BELAWALA(14532) for the Petitioner(s) No. 1
MR PRADIP D BHATE(1523) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 18/02/2025
ORAL ORDER
1. By the present petition under Article 226 of the
Constitution of India, the petitioner prays that the respondent
may be directed to re-issue the passport to the petitioner, who is
adopted by a registered adoption deed, effecting the name in his
name, his father's name as well as his mother's name.
2. It is submitted by the learned counsel for the that by order
dated 6.6.2024, the respondent authority has called upon the
petitioner to produce the Court's order for adoption. Learned
counsel submits that by catena of decisions of this Court, the
said issue is now covered and registration adoption deed is held
to be a valid document for issuance of passport.
3. This Court in the case of Ishit Baljinder Singh Brar
through his guardian vs. Regional Passport Authority, in
Special Civil Application No.385 of 2016, wherein in paras 7 to
10, co-ordinate Bench of this Court observed as under:
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C/SCA/2024/2025 ORDER DATED: 18/02/2025
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"7. More over, the record which is produced in this petition also
goes to show that as per the deed of dissolution of marriage or
deed of divorce it was agreed between Ashokbhai and Alkaben
that the custody of the daughter who is petitioner herein is to
remain with Alkaben, the mother. When the mother Alkaben has
married Vijay Hiralal Vora there is sufficient proof for marriage
and since the factum of registration of marriage is legal,
Ashokbhai even otherwise also would not be able to challenge the
adoption made by Vijay Hiralal Vora who has become the father of
the petitioner on account of her biological mother remarrying with
Vijay Hiralal Vora.
8. In view of the aforesaid facts and circumstances of the case,
I find that the passport authority should consider the matter
accordingly as per the observations and findings recorded by this
court for issuance of passport on the basis that Amruta - the
petitioner herein is now lawful daughter of Vijay Hiralal Vora
irrespective of the entry in the birth register because the position
prevailed at the time of birth and its registration was different on
account of subsequent change in the status of the petitioner and
considering the peculiar circumstances the birth certificate can
only be relied for the purpose of date of birth and not for the
purpose of ascertaining the status of lawful father on the date of
the application for passport."
10. Similar view is also taken by this Court in the judgments
which are relied upon by Mr.Hathi, learned counsel for the
petitioners. This Court in Patel Mukeshkumar Karshanbhai Vs.
Regional Passport Authority reported in 2012(1) GLR 682,
following the ratio of Amruta Vijay Vora (supra), has in para 11,
observed thus-
"11. The said provision of law makes it clear that a legal
presumption is attached to any registered document pertaining to
an adoption, and it shall be presumed that such adoption has been
made in compliance with the provisions of the Hindu Adoptions
and Maintenance Act, 1956 "unless and until" it is disproved. The
adoption of the petitioner has been effected by a Registered Deed.
It is not the case of the respondent that the adoption of the
petitioner has been disproved, therefore, the presumption
envisaged by Section 16 will come into play and it is not open to
the said respondent to pronounce upon the legality, or otherwise,
of the adoption of the petitioner, which has not been disproved by
a competent court of law."
4. Learned counsel for the respondent Regional Passport
Authority could not dispute the ratio laid down in the case of
Ishit Baljinder Singh Brar (supra) nor he could point out
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C/SCA/2024/2025 ORDER DATED: 18/02/2025
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anything contrary to substantiate the case of the respondent
passport authority.
5. In view of the above, the respondent Regional Passport
Officer is directed to process the application of the petitioner for
issuance of the passport along with registered adoption deed
and to consider the same in accordance with law. It is clarified
that the authority while processing the application of the
petitioner shall not insist for decree of the adoption in view of
the fact the petitioner is adopted by Rajubhai Govindbhai Savani
by way of registered adoption deed.
6. With the aforesaid directions, this petition stands
DISPOSED OF. There shall be no order as to costs.
Direct service is permitted.
Sd/-
(ANIRUDDHA P. MAYEE, J.)
OMKAR
