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1991 Supreme(Guj) 27

S.B.MAJMUDAR, R.K.ABICHANDANI
AMBALAL SHANKARBHAI PATEL – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared: DHAVAL C.DAVE, H.M.BHAGAT

R. K. ABICHANDANI, J.

( 1 ) THE petitioner seeks to challenge the order dated 30th august, 1989 at Annexure b to the petition, passed by the respondent No. 2-Regional Passport Officer, Ahmedabad, holding that adoption by Hindus not domiciled in India is invalid under the Hindu Adoptions and Maintenance Act, 1956 and that an order should have been obtained from the Court under the guardians and Wards Act, 1890, and has prayed for a writ of mandamus on the respondents to issue passport in the name of minor Gaurangkumar Suryakant Patel, who is said to have been adopted by Suryakant Ambalal Patel.

( 2 ) AS per the Deed of Adoption dated 12/07/1988, at Annexure a, it was declared that minor Gaurangkumar was given in adoption by performing dutt Hom ceremony on 5-7-1988 by his widowed mother, sharmishtaben to Patel Suryakant Ambalal, resident of Main Street, Los Angeles, united States of America and his wife Sushilaben who are described as the adoptive parents of the child. As the adoptive parents wanted to take the child with them to the United States, an application was made in the office of the respondent No. 2, Regional Passport Officer for a passport in the name of Gaurangkumar Suryak














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