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2023 Supreme(Del) 1073

PRATHIBA M. SINGH
Rohan Desai – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Ms. Shivani Luthra Lohiya, Mr. Nitin Saluja, Ms. Poonam Dangi, and Mr. Saahil Mongia, Advocates along-with the Petitioners in person.
Mr. Vincent D. Braganza in person. (virtually)
Mr. Rajesh Kumar, SPC, UOI along with Ms. Ramneet Kaur Advocate, for the Respondent.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

2. This writ petition presents some peculiar facts before the Court. By way of the present petition, the Petitioners seek a direction to the Respondent to declare Petitioner No.2 as the adoptive father of Petitioner No.1.

3. Petitioner No.1-Mr. Rohan Desai, who is the biological son of Mr. Vincent Dominic Braganza and Petitioner No.3-Mrs. Ritu Desai (@ Ritu Kanoria, @ Ritu Braganza), was born in Kolkata on 27th February, 1998. Unfortunately, the biological parents of Petitioner No.1 divorced and a decree of divorce was granted under Section 10A of the Indian Divorce Act, 1869 on 9th March, 2004 by the District Judge, Alipore.

4. Post the divorce being granted, Petitioner No.3-Mrs. Ritu Desai has married Petitioner No.2-Mr. Dipesh Desai. They currently live in Sarvodaya Enclave, New Delhi. In the petition, the Petitioners pray that Petitioner No.2 be declared as the adoptive father of Mr. Rohan Desai.

5. As per the Petitioners, the biological father had agreed for the change of name from `Rohan Braganza' to `Mr. Rohan Desai' and the same was published on 26th October, 2013 in the Official Gazet

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