Lovely Tandon v. Union Of India

#58 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3405/2016 & CM APPLs. 14573-14574/2016 LOVELY TANDON ..... Petitioner Through Mr. B.B. Gupta with Ms. Prity Sharma, Advocates versus UNION OF INDIA ..... Respondent Through Mr. Sarat Chandra, Senior Panel Counsel with Mr. Arun Kumar and Mr. Sachin Chandra, Advocates for UOI.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 25.04.2016 Present writ petition has been filed seeking a direction to the respondent to accept the application for grant of passport without insisting upon a registered adoption deed and to further grant a passport to the petitioner. Learned counsel for the petitioner states that the petitioner was adopted in the year 1998. He, however, admits that the Adoption Deed was not registered but was only notarized.

When the petitioner made an application for grant of passport, the Regional Passport Office declined to accept the application on the ground that the adoption deed was not registered.

Learned counsel for the petitioner states the respondent authority failed to appreciate the fact that there is no requirement for registration of an adoption deed.

Issue notice.

Mr. Sharat Chandra, Advocate accepts notice on behalf of respondent. Since this Court in Rahul Gupta Vs. Union of India and Anr., 2014 SCC OnLine Del 265 has held that Section 17 of the Registration Act, 1908 does not provide for compulsory registration of an adoption deed, present writ petition is allowed and respondent is directed to consider petitioner's application for grant of passport without insisting upon a registered adoption deed. The Regional Passport Officer is directed to dispose of petitioner's application within a period of two weeks.

With the aforesaid direction, present writ petition and applications are disposed of.

Order dasti under signature of Court Master.

MANMOHAN, J APRIL 25, 2016 rn