Recognition of a registered adoption deed does not require a decree of Court of law if the formalities for adoption have been completed, the adoption deed has been duly registered, and there is no third party challenge to the same.

JUDGMENT

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

2. The present petition has been filed by Petitioner No.1 - Shri Kuldeep and his wife Petitioner No.2 - Smt. Suman Lata seeking recognition of the registered adoption deed dated 25th September, 2019 without the declaration of a Civil Court. The prayers in this petition are as under:

"A. Issue a Writ of Mandamus directing the respondents to recognize the adoption deed dated 25.9.2019 as valid and further directing the respondents for publication of part II order for the birth of adopted daughter for baby Palak by the petitioners and further directing the respondents to provide requisite benefits which are available to the daughter of the petitioners of being employed with Respondent No.1 which has been denied by the Respondent No. 2 vide Letter dated 28.05.2020;"

3. The Petitioner No.1's brother Mr. Dinesh and his wife Smt. Babita were married on 2nd March, 2006 and were blessed with a baby girl - Palak on 10th September, 2018. The Petitioner No.1, who was serving as a soldier in the Indian Army, took VRS on 31st October, 2018. Pursuant to an understanding between the two couples, Palak was agreed to be given in adoption by Shri Dinesh and his wife Smt. Babita to the Petitioners. The girl is stated to have been given in adoption to the Petitioners in front of relatives, friends and villagers.

4. The names of the Petitioners were incorporated in the birth certificate of Palak issued by the Municipal Corporation of Delhi and the adoption was carried out through an adoption deed dated 25th September, 2019, which was registered with the Sub-Registrar - IX A, Delhi. The said registered adoption deed has been placed on record.

5. Since the Petitioner No.1 is an ex-army personnel, he sought updation of his service record and registration of Palak as his daughter with the Respondent No.2 - Rajya Sainik Board (RSB), GNCTD on 4th November, 2019. On 11th November, 2019, the RSB informed the Petitioner that the adoption deed was not from the competent authority i.e. the District Court of law, hence, registration of Palak as his daughter cannot be considered. The said letter is as under:

Letter dated 11th November, 2019

" Mil Tele: 6335

Civ No: 0581-2518800

Intranet E-Mail ID: cro_recordsjr

Internet EMaiIID: cro.jrcbly_army@nic.in

Web: http://Recordsjat_army.mil(6321)

JAT Regiment Abhilekh Karyalaya

Records The JAT Regiment

PIN: 900496

c/o 56 APO

3196637/SR-JR/NEL-11

11 Nov 2019

No 3196637W Ex Sep Kuldeep

VPO - Issapur

Delhi-110073

Mob No.-9717380857

PUBLICATION OF PART II ORDER

1. Please refer to your petition received through Rajya Sainik Board vide letter No.26/C/RSB/04 dated 04 Nov 2019.

2. Documents received vide your petition under reference are retained with your service documents for wants of following clarification/documents through Zila Sainik Board.

(a) An adoption deed from the competent authority i.e. District Court of Law in original not found enclosed.

Sd/-

Senior Record Officer

for OIC Records"

6. Subsequently, the RSB vide its letter dated 6th March, 2020 recommended the case for publication. The said letter is as under:

Letter dated 6th March, 2020

"Phono No: 011-2381360

Fax No: 011-23881876

Email: rsbdelhi@nic.in

Rajya Sainik Board

Govt of NCT Delhi

4th Floor, Tower Block.

Maharana Pratap ISBT

Kashmere Gate

Delhi-110006

No: 261C1RSBI06

Dated: 06 03.2020

THE RECORDS JAT REGIMENT

PIN-900496. C/O 56 APO

PUBLICATION OF PART II ORDER

1. Pleaser refer to your letter No. 3196637W/SR7JR/NEL-11 dated 11 Nov2019.

2. It is to Inform you that Adoption Deed signed by Sub Registrar, New Delhi for adoption of female child by No. 3196637W Ex Sep Kuldeep has already been forwarded to your office, in original vide our letter No26/C/RSB/04 dated 04 Nov 2019 photocopy of the same is also enclosed herewith.

3. It is requested to publish Part II Order for Birth in respect of adopted female child at the earliest and copy of same be forwarded to above named ESM for record.

Sd/-

Secretary

Rajya Sain