Point of law : Ministry of Women and Child Development has notified the Adoption (Amendment) Regulations 2021 (Regulations 2021) under the newly added chapter VIA which provides for a separate mechanism for children adopted under the HAMA who are to be relocated abroad.

JUDGMENT :

V. Kameswar Rao, J.

CM No. 5393/2022

1. This application has been filed by the petitioner with the following prayers :

“In view of the present facts and circumstances, it is most humbly and respectfully prayed that this Hon'ble Court may graciously be pleased:

(A) To Direct the Respondent No. 4 to issue "NOC" to the Applicant; and

(B) To Direct the Respondent No. 1 to 3 to issue a valid passport in the name of 'Trisha Ganjoo', while recording the name of Applicant and his wife as her 'Father' and 'Mother', on the passport; and

(C) Directing the Respondent No.5 to change the parentage of minor girl 'Trisha Ganjoo', while recording the Petitioner's name as 'Father' and his wife's name as 'Mother', on her Matriculation Certificate, without insisting for Gazette Notification and Newspaper publication or any other requirement; and

(D) Any other or such further order(s) as this Hon'ble Court may deem fit and proper, may also be passed.”

2. The writ petition has been filed by the petitioner praying for a direction against the Passport Authority for issuance of a passport to a minor girl Trisha Ganjoo (‘minor girl’ hereinafter) by recording the names of the petitioner and his wife as father and mother on her passport. A further direction has been sought against the Central Board of Secondary Education (‘CBSE’, for short) to change the name of the parents of the minor girl on her matriculation certificate and record the petitioner and his wife’s name as adoptive parents.

3. It is the case of the petitioner that he is the paternal uncle of the minor girl, whose parents namely Sanjay Ganjoo and Alka Ganjoo had expired in a road accident on June 2, 2005. The petitioner and his wife Illa Ganjoo have legally adopted the minor girl under the provisions of Hindu Adoptions and Maintenance Act, 1956 (‘HAMA’, for short) after taking due permission from the District Judge in terms of the Judgment dated December 23, 2008. His request for issuance of passport was rejected by the passport authority. The passport authority vide letter dated July 5, 2021 addressed to the minor girl had called upon the petitioner to furnish certain documents including ‘No Objection Certificate’ from Central Adoption Resource Authority (‘CARA’ for short).

4. In the short-affidavit filed by respondent Nos. 1 and 2 it is stated that the petitioner who is a US citizen holding a US passport has applied for the passport of the minor girl by relying upon the adoption deed executed in 2019 along with the order dated December 23, 2008 of the learned District Judge. Since the petitioner is a US citizen, the present case falls under the category of inter-country adoption. A reference has been made to the Passport Manual, 2020 for issuance of passports to all the applicants under the category of inter-country adoption, wherein a reference has been made with regard to the following documents:

“a) Conformity Certificate issued by CARA;

(b) No Objection Certificate (NOC) from CARA (if original NOC of CARA is not available with the applicant due to the reason that it has been submitted in the court, a copy of the same duly certified / attested by CARA may be accepted by the PIA for the issue of passport);

(c) Court order on adoption of certified copy thereof; and

(d) Any other document, if required, for the issuance of passports to minor children.”

Reference is also made to Rule 5 of the Passport Rules and the appropriate forms set out in Part I of Schedule 3 of Rule 5.

5. Respondent Nos. 1 and 2 have also stated that the issue of requirement of NOC by CARA has been dealt with by the High Court of Punjab and Haryana in a Judgment dated July 28, 2020 in the case of Jasmine Kaur v. Union of India and Ors., CWP 10555/2019. Reference is also made to the Judgment of a Coordinate Bench of this Court in the case of R.K. and Anr. v. Central Adoption Resource Authority dated August 31, 2021 in W.P.(C) 279/2019 and connected matters, wherein this Court in paragraphs 79 and 85 to 88 has stated as u