The main legal point established in the judgment is that under the Guardians and Wards Act, 1890, a passport can be issued with the name of the adoptive father without a court order for adoption, especially when official records reflect the adoptive father's name.

This Writ Petition has been filed praying for a Writ of Mandamus to direct the respondents to process the petitioner's passport application vide File No.MD1068652189115 (Token No.P23) presented before the second respondent herein and to issue passport to the petitioner by mentioning the name of her adoptive father namely M.S.Varusai Mohammed, as the name of her father in the passport, within a time frame fixed by this Court.

2. It is the case of the petitioner that the name of her biological father is one J.Seeniabuthahir and her mother name is Sakthikabanu. The biological parents has got three children including the petitioner. Further, the petitioner's maternal grandmother is Jerinabeevi and the name of her sister is Suburabeevi. The said Subura Beevi is none other than the maternal aunt of petitioner's mother. The said Subura Beeevi is married to one M.S.Varusai Mohamed and out of their wedlock, no issues were born to them. Hence, they approached the biological parents and expressed their willingness to adopt the petitioner as their daughter and the biological parents have also given their consent for adoption. Accordingly, at the age one and half years, the petitioner was given in adoption to the adoptive parents, namely, M.S.Varusai Mohamed & Sabura Beevi by virtue of a deed of adoption dated 08.04.1993 and the said deed of adoption is duly registered. In all the school records and official records, the name of petitioner's adoptive father, namely, the said M.S.Varusai Mohamed has been given, as the name of her father.

2.1. While the situation stood thus, on 18.07.2015, the adoptive parents of the petitioner arranged the marriage on 22.08.2015 with one Mohammed Ali, who is residing at Malaysia. Therefore, the petitioner approached the respondents and submitted an application through online to obtain passport for the petitioner in order to leave for Malaysia for the sake of marriage. Even after completion of several days, there was no reply from the respondents and therefore, the petitioner approached the respondents and it was informed by the authority that the petitioner should submit an order from the court in respect of the adoption and only thereafter, the application will be considered. However, according to the petitioner, there is no necessity to obtain a declaratory decree for adoption of the petitioner, since from the date of adoption, the adoptive parents brought up the petitioner as her daughter.

2.2. The respondents further instructed the petitioner to mention the name of biological father in the application form; otherwise they will not issue passport to the petitioner. As per the deed of adoption, the name of the petitioner's father is M.S.Varusai Mohamed since the sentiments and feeling are attached with the adoptive parents. Hence, the petitioner requested the respondents to issue a passport by mentioning the name of adoptive father, namely, the said M.S.Varusai Mohamed and also requested to process the application at an earlier date, because of the fact that the petitioner has to go Malaysia for her marriage. But the respondents refused to process the application and directed the petitioner to get an order from the Court. However, in a similar circumstances, this Hon'ble Court has held that the passport authorities shall issue a passport by mentioning the name of the adoptive/step father, wherever situation arise and they should not return the applications on such ground. Due to the delay in issuing the passport, the date of marriage is now postponed from 22.08.2015. The date of marriage will be fixed once the respondents issue passport to the petitioner. Hence, he has filed the present Writ Petition for the relief stated supra.

3. The respondents have filed a counter affidavit that Ms.Jasmin Parvin, daughter of Varusai Mohamed was born on 22.10.1991 at Ramanathapuram. She has applied for a fresh passport to passport Seva Kendra, Madurai enclosing the Birth Certificate issued by the Registrar of Birth an