Delhi High Court - Orders
Rohan Desai & Ors vs Union Of India on 17 January, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1307/2021
ROHAN DESAI & ORS. ..... Petitioners
Through: Ms. Shivani Luthra Lohiya, Advocate
(M-9910031323)
versus
UNION OF INDIA ..... Respondent
Through: Mr. Rajesh Kumar, Advocate.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 17.01.2023
1. This hearing has been done through hybrid mode.
2. This writ petition presents some peculiar facts before the Court. By way of the present petition, the Petitioners seek direction to the Respondent to declare Petitioner No.2 as the adoptive father of Petitioner No.1.
3. Petitioner No.1- Mr. Rohan Desai, who is the biological son of Mr. Vincent Dominic Braganza and Petitioner No.3- Mrs. Ritu Desai (@ Ritu Kanoria, @ Ritu Braganza), was born in Kolkata on 27th February, 1998. Unfortunately, the biological parents of Petitioner No.1 divorced and a decree of divorce was granted under Section 10A of the Indian Divorce Act, 1869 on 9th March, 2004. The decree of divorce has been granted by the District Judge, Alipore.
4. Post the divorce being granted, Petitioner No.3- Mrs. Ritu Desai has married Petitioner No.2 - Mr. Dipesh Desai. They currently live in Delhi in Sarvodaya Enclave, New Delhi. In the petition, the Petitioners pray that Petitioner No.2 ought to be declared as the adoptive father of Mr. Rohan Desai.
5. Ms. Shivani Luthra, ld. Counsel appearing for the Petitioners submits Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:18.01.2023 17:45:09 that the school certificates, the progress report, class X certificate issued by the CBSE of Petitioner No.1 reflects Mr. Dipesh Desai as the father of Mr. Rohan Desai. Moreover, the biological father had agreed for the change of name from 'Rohan Braganza' to 'Mr. Rohan Desai' and the same was published on 26th October, 2013 in the Official Gazzette which reads as under:
"I, VINCENT DOMINIC BRAGANZA son of Sh. VINCENT FRANCIS BRAGANZA, residing at A-2, Swarna Residency Off. LRDECV Raman Nagar, Bangalore-560093 present at New Delhi, have changed the name of my minor son ROHAN VINCENT BRAGANZA and he shall hereafter be known as ROHAN DESAI for all purposes.
It is certified that I have complied with other legal requirements in this connection VINCENT DOMINIC BRAGANZA"
6. In the year 2003 itself, the biological father had no objection with the complete custody of the son being with the mother and since then Petitioner No.1 has been residing with Petitioner Nos.2 and 3. At the time when the name change publication was issued, Mr. Rohan Desai was a minor. However, currently he is a major. It is the submission of the ld. Counsel that there are no regulations which provide for adoption of the Petitioner, who is a major, under these circumstances. Accordingly, the present writ petition has been filed seeking declaration by this Court.
7. Ld. Counsel for the Respondent submits that as per the prevalent regulations at that time i.e, Guidelines Governing the Adoption of Children, 2011, a 'no-objection' of the biological father would be required for the purpose of recognizing the adoption. Moreover, at the time when application Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:18.01.2023 17:45:09 has been made seeking the registration of the adoption, the Petitioner was a major, thus, the adoption cannot be permitted.
8. All three Petitioners have joined the proceedings virtually. The Court has interacted with Mr. Rohan Desai, Mr. Dipesh Desai and also Mrs. Ritu Desai. After interaction with the Petitioners, it is revealed that the Petitioners are living together as a family. The couple also has a daughter who is living with them. The Petitioner no.1 refers to Petitioner no.2 as `Dad' during his interactions. However, the Petitioner no.3 has been candid and truthful to the Court that the biological father had some reservations initially when adoption was proposed by the mother at that time. However, later, the name change was agreed to by the biological father in 2013.
9. Considering this position, it is deemed appropriate to issue notice to the biological father- Mr. Vincent Dominic Braganza at the following mobile number and address:
Mobile Number- 9741405643, Address: A-2 Swarna Residency, Off. LRDE, CV Raman Nagar, Bangalore-560093.
10. The Registry shall also give intimation of this order to enable Mr. Vincent Braganza to appear before the Court on the next date either physically or virtually.
11. If Mr. Vincent Braganza wishes to join virtually, he may contact the Court Master of this Court on Mob. No.- 9999704506.
12. List on 23rd February, 2023.
PRATHIBA M. SINGH, J.
JANUARY 17, 2023/Rahul/SK Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:18.01.2023 17:45:09