Punjab-Haryana High Court
Kulwinder Kaur vs Regional Passport Officer & Ors on 8 September, 2014
Author: K. Kannan
Bench: K. Kannan
ARCHANA ARORA
CWP No. 18525 of 2014 1 2014.09.12 14:45
I am the author of this
document
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
CWP No. 18525 of 2014
Date of decision: September 8, 2014
Kulwinder Kaur
....... Petitioner
Versus
Regional Passport Officer and others
........ Respondents
CWP No. 18559 of 2014
Renu Kumar
....... Petitioner
Versus
Regional Passport Officer and others
........ Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present:- Mr. Tejinder Singh Manes, Advocate
for the petitioner.
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K. Kannan, J (oral).
1. There is no requirement for NOC from CARA in a situation where there is a proof of adoption by production of Adoption Deed and the adoption takes place between willing parties. The direction of the Supreme Court in Laxmikant Pandey Vs.Union of India as regards the Constitution of CARA was for inter country adoption and also where the child was an abandoned child and a report from CARA was necessary to asses the suitability for adoption to the child. Where the biological parents are willing to hand over the child to the adoptive parents and the adoption is also registered, there is no role that CARA has to play under any provisions of law. There cannot therefore be a refusal by the Passport authorities to CWP No. 18525 of 2014 2 issue a passport on production of NOC. I have not been shown though any order that the Passport office has adopted such a course. Since such an apprehension is expressed. I allow parties to approach the Passport Authorities and file the application and elicit the response of whether such a requirement is insisted and challenge it if the authorities take such a stand. A mere apprehension cannot give place to a need for direction from this Court.
2. The writ petition is disposed of with the above observations.
(K. KANNAN) JUDGE September 8, 2014 archana