Gujarat High Court
Mansi Kirtikumar Pandya vs Union Of India on 26 October, 2020
Author: G.R.Udhwani
Bench: G.R.Udhwani
C/SCA/13153/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13153 of 2020
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MANSI KIRTIKUMAR PANDYA
Versus
UNION OF INDIA
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Appearance:
MR BY MANKAD(440) for the Petitioner(s) No. 1
MR KHSHITIJ AMIN ADVOCATE for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE G.R.UDHWANI
Date : 26/10/2020
ORAL ORDER
Considered the rival submission.
The petitioner has prayed in paragraph 8(a) as under:
"that this Hon'ble Court be pleased to issue a writ of Mandamus or any other appropriate writ, order or direction and be pleased to direct the Respondent Authority to make change in the Father's name and remove mother's name and re-issue Passport No. P 9568112 of the Petitioner and be pleased to direct the Respondent to grant the Application No.20- 0000289732 accordingly;"
The prayer would appear to be innocuous on the face of it if the contention of the petitioner that she sought the alteration of her name in the passport is considered in abstract; however when closely examined in the light of the admitted fact that the petitioner was adopted by Dr.Kirtikumar Labhshanker Pandya presumably under Section 10 of the Hindu Adoptions and Maintenance Act, 1956 (for short the Act) merely by a registered deed of adoption, in absence of the compliance of the mandate under Section 5 and the requisites under Sections 6 and 7, as also Section 9 and 10 of the Act, the adoption deed appears to be void as indicated under Section 5 of the Act itself and the respondent-passport authority cannot be directed to act upon such void deed of adoption for alteration of the name of the petitioner in the passport. The petition therefore must fail and is required to be rejected summarily; accordingly the petition is rejected.
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