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2012 Supreme(Del) 2563

VIPIN SANGHI
Teesta Chattoraj – Appellant
Versus
Union of India – Respondent


Advocates:
For the Appellant :Mr. M. Dutta, Advocate
For the Respondent:Mr. Ruchir Mishra, Advocate

Judgement Key Points

Key Points: - The passport authority has jurisdiction to refuse a passport if information in the application is incorrect or insufficient, even if not expressly listed in Section 6(1)/(2) (!) (!) (!) . - Section 5 requires the passport authority to inquire and provide reasons if refusing or endorsing a passport (!) (!) (!) (!) . - The adoption deed may be invalid if not in compliance with HAMA provisions, specifically sections 5 and 9, and consent of the natural father is required unless he has renounced the world or other conditions apply (!) (!) (!) (!) (!) (!) . - The petition was dismissed with leave to resubmit correcting parentage and adoption issues; passport issuance rests on completing valid adoption and correct parentage details (!) (!) (!) . - The court rejected reliance on certain Punjab and Haryana decisions and affirmed the need for scrutiny under Section 5, not just Section 6 grounds (!) (!) (!) . - The text emphasizes that "Subject to the other provisions of this Act" in Section 6(1)/(2) allows broader scrutiny and correction of information (!) (!) .

What is the authority of the passport officer to inquire into and potentially refuse a passport based on incorrect or insufficient information under the Passports Act?

What is the validity and enforceability of an adoption under the Hindu Adoption and Maintenance Act, 1956 in the context of passport issuance?

What is the impact of non-disclosure of biological parentage and alleged invalidity of an adoption deed on a minor's right to obtain a passport?


JUDGMENT :

Vipin Sanghi, J.

1. The present writ petition under Article 226 of the Constitution of India has been preferred by Ms. Teesta Chattoraj, a minor through her mother and natural guardian Smt. Rajeshwari Chattoraj. The petitioner seeks issuance of a writ of certiorari quashing the letter dated 04.04.2011 (Ref. No.RPO/PG/133/11) issued by the respondent, i.e. the Regional Passport Officer (RPO), New Delhi, whereby the petitioners request for issuance of a passport has been declined. The petitioner also seeks a writ of mandamus directing the respondent RPO to issue a passport in favour of the petitioner on the basis of the information supplied by the petitioner in her passport application form.

2. The petitioner was born on 15.11.1995 at Kolkata. Her natural parents are Sh. Abhijit Ghosh and Smt. Rajeshwari Ghosh, who is now known as Rajehswari Chattoraj. When the petitioner was only about two years old, the natural parents of the petitioner obtained decree of divorce by mutual consent. So far as the petitioner is concerned, the terms agreed between her natural parents, inter alia, provided that the petitioner's mother will not claim and/or demand of maintenance and/or alimony f










































































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