The presumption of valid adoption under Section 16 of the Hindu Adoptions and Maintenance Act, 1956 applies unless disproved, and the Registrar has the power to correct birth certificate entries under Section 15 of the Registration of Births and Deaths Act, 1969.

JUDGMENT :

1. All these petitions under Article 226 of the Constitution of India are filed raising a question whether the competent authorities can refuse to register a request for change in name of the wards of the respective petitioners on the ground that unless there are orders of a competent court confirming the adoption, mere registered adoption deed is cnot enough for the purposes of recording change in the name in the birth certificates.

2. Facts of each Special Civil Application are set out hereunder:

Special Civil Application No.22357 of 2022

3. The Petitioner No.1 Alpaben was earlier married with one Manishbhai Sankharva. Out of the said wedlock a son “Jems” was born. The Birth was registered. Since matrimonial disputes cropped up, the Petitioner No.1 entered into a divorce on 18.09.2021 and dissolved the marriage.

4. The Petitioner no.1 then married the Petitioner No.2 and then adopted the son “Jems” with the consent of the families and the adoption was finalized by a deed of adoption registered on 06.09.2022.

5. Both the Petitioners then made a request to the respondent authorities to replace the name of the Petitioner No.2 in the “father’s name” in place of the earlier biological father, which request was rejected by communication dated 11.10.2022 stating that the petitioners should produce an adoption decree.

6. This communication is under challenge in this Petition.

Special Civil Application No.16799 of 2022

7. The Petitioner Nitesh Mangrola married Payalben on 14.02.2019. The marriage was registered on 18.06.2019. Payalben was earlier married to one Vishalbhai Pansuriya in the year 2013 and out of the wedlock they had a daughter named “Pal”. On the death of the father Vishal in the year 2018, Payalben married the present Petitioner.

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9. Both the Petitioner and Payalben then by way of a registered deed of adoption adopted daughter “Pal”. Since they were facing difficulties in recording changes in the documents such as Passport, Bank Account etc a request was made to the authorities to change the records by substituting the name by that of the present Petitioner as “father’s name” instead of Vishalbhai. The request was rejected on 11.05.2022 on the ground that a decree of a competent court was necessary.

Special Civil Application No.416 of 2022.

10. Petitioner No.1 is the brother of Mustafa Dodiya who had a baby girl named “Amatulla”. The Petitioners Nos.1 and 2 who are husband and wife respectively having no issues from their married life decided to adopt the minor girl from their biological parents. The petitioners with consent of families adopted the daughter after all the formalities and also by way of an adoption deed which was registered.

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12. After adoption, a need arose to change the name in various records such as passport etc as the name of the father “Khojema Saiffudin Dodiya” in place of “Mustafa Saiffudin Dodiya” was to be entered into and so accordingly in the mother’s name. The request was rejected by a communication dated 03.08.2019 on similar grounds hence the Petition.

Special Civil Application No.16994 of 2022.

13. The Petitioner Bhareshbhai Jodhani married Naynaben on 01.03.2019. The marriage was registered on 23.10.2020. Before the marriage with the Petitioner, Naynaben was married to one Sureshbhai and out of their wedlock they had a child “Prinsi”. The marriage ran into rough weather and Naynaben and Sureshbhai divorced each other in the year 2006.

14. The Petitioner and Naynaben adopted “Prinsi” by registered deed of adoption and then requested the authorities to change the name of the father which was rejected by a communication dated 25/2/2022. Hence the petition.

15. Learned Counsels for the respective petitioners contend that it is a settled position of law as set out in various decisions of this Court that on the basis of a registered deed of adoption, the authorities are bound to accept the adoption as valid and change the birth records without insisting for a decree of a compe