B. J. DIVAN, P. D. DESAI, J.

( 1 ) THIS Writ Petition arises out of the order dated 9/09/1980 made by the District Judge at Rajkot in Civil Miscellaneous Application No. 153 of 1980. The said application was presented in the District Court on 27/08/1980 by the Honorary Secretary of Kathiawar Nirashrit Balashram Rajkot under sec. 9 (4) of the Hindu Adoptions and Maintenance Act 1956 (hereinafter referred to as the Act) for permission of the Court to give a minor female child by name Krutika in adoption to Mr. and Mrs. Schumann Herbert Jakob residing in West Germany. The application was supported by the affidavit of the applicant and of Mr. Jakob who declared to have adopted Hindu religion. The Court issued a general notice and invited objections. No objections came forth. The Court on the material placed before it inter alia came to the conclusion that the institution of which the applicant was the Secretary had scrutinized the proposal with regard to adoption and made necessary inquiry and found that the adoption would be beneficial to the child financially socially morally and in every respect. The Court therefore granted permission under sec. 9 (4) of the Act to the applicant to give the minor female child in adoption to Mr. Schumann Herbert Jakob. Be it noted that the order did not specifically mention or permit that the minor female child was to be taken to West Germany by the adoptive parents.

( 2 ) IT appears that even prior to the making of the order referred to above a deed of adoption was executed on September 4 1980 by the applicant wherein it was recited that pursuant to the verbal order granting permission to give the minor female child in adoption the applicant had given the child in adoption to Mr. Schumann Herbert Jakob and Mrs. Annemarie Schumann in the presence of many social workers and witnesses and that Mr. Schumann Herbert Jakob and Mrs. Annemarie Schumann had taken the said child in adoption. The deed also mentioned that the child was to be taken by the adoptive parents to West Germany.

( 3 ) IT appears that Mr. Schumann Herbert Jakob and Mrs. Annemarie Schumann made an application to the Regional Passport Officer Ahmedabad for issue of a passport for the minor female child. The application was however returned with an endorsement that unless the District Court passed an order permitting the child to be taken out of India no passport could be granted to or in respect of the child. Thereupon Mr. Schumann Herbert Jakob and Mrs. Annemarie Schumann and the applicant in Civil Miscellaneous Application No. 153 of 1980 instituted Special Civil Application No. 2479 of 1980 praying inter alia that the Regional Passport Officer Ahmedabad be directed to issue a passport to the minor female child forthwith and without further delay. Annexed to the memo of the said Special Civil Application was a copy of the order passed in the said Civil Miscellaneous Application granting permission for adoption under sec. 9 (4) of the Act.

( 4 ) WHEN the aforesaid Writ Petition reached preliminary hearing before one of us (P. D. Desai J) it appeared that the order under sec. 9 of the Act was made perfunctorily without holding proper inquiry. Under the circumstances the Court in exercise of its suo motu powers under Article 227 of the Constitution issued a notice to the applicant in Civil Miscellaneous Application No. 153 of 1980 to show cause why the order dated 9/09/1980 made by the District Judge in the said proceeding should not be quashed. The said order was made on 12/09/1980 This is the history behind the present writ petition which has originated on account of the said order.

( 5 ) SUBSEQUENTLY having regard to the importance of the question involved the writ petition was referred to the Division Bench. The Court had meanwhile issued notice to the Indian Council of Social Welfare as well as to the State Government and to the Government of India. Mr. S. N. Shelat and Mr. Girish Patel Advocates were also appointed amicus curiae

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