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BIREN VAISHNAV
Khojema Saifudin Dodiya – Appellant
Versus
Registrar Of Birth And Death/Chief Officer, Dhoraji Nagarpalika – Respondent
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
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 unde....
Action of the concerned authority, is erroneous inasmuch as, the authority is obligated to undertake the exercise laid down by the provisions of Section 15 of the Act of 1969 read with Rule 11 of the....
The validity of an adoption deed under the Hindu Adoptions and Maintenance Act, 1956, and the applicability of circulars issued by the Government of India, Ministry of Home Affairs in changing the fa....
Registration of adoption deed is not mandatory for obtaining a birth certificate under the Hindu Adoption and Maintenance Act; the authorities cannot impose such a requirement without legal basis.
Registered adoption negates need for biological parent's consent for birth certificate amendments; presumption of adoption established by law must be respected.
The Court affirmed that a valid adoption under Hindu law does not require mandatory registration, and while biological parents' names cannot be deleted from birth certificates, adoptive parents' name....
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