Press Esc to close
Tuesday 26 May 2015
News updated at 5:13 PM IST
Weather
Max: 33°C
Min : 22.3°C
In Bengaluru
Sunny day

For passport, adoption deed has to be legal: HC

New Delhi, Jan 26, 2014, (PTI)
Every Indian citizen has the fundamental right to travel abroad, the Delhi High Court has held while noting that nobody can be denied a passport for want of compulsory registration of an adoption deed. PTI File Photo.

Every Indian citizen has the fundamental right to travel abroad, the Delhi High Court has held while noting that nobody can be denied a passport for want of compulsory registration of an adoption deed.

To obtain a passport, the adoption of the applicant has to be legal and there is no compulsion that it must be registered, Justice Manmohan held while deciding a petition and directed the Passport authority to decide petitioner's request for passport in accordance with law within four weeks.

"This court is of the view that every citizen of India has the fundamental right to travel abroad. Though the said right is subject to reasonable restrictions, yet this court is of the opinion that the restrictions have to be in accordance with law and the same cannot be unreasonable," the bench said.

The court's order came on a petition in which a passport seeker had claimed that passport office had refused to issue him a passport on the ground that his adoption deed dated September 20, 1989 had not been registered with the office of sub-registrar.

The Centre, in turn, submitted that the petition is premature as no decision on petitioner's application has been taken by the passport authority till date.

"Since Section 17 of the Registration Act, 1908 does not provide for compulsorily registration of an adoption deed and a new adoption deed cannot now be registered in the present case as the age of the petitioner is above 15 years, this court is of the view that the petitioner cannot be directed to produce a registered adoption deed," the court said.

It also noted that in one of its earlier judgements, it had held that "a citizen who furnishes incorrect/false information cannot be issued a passport.

"Further, the court in the aforesaid judgement held that for issuance of a passport, the adoption of the applicant has to be legal. However, this court never held that an adoption deed must be compulsorily registered."


Go to Top

Photo Gallery
Republican presidential candidate Ben Carson (R) talks with 91-year-old World War Two veteran Russel

Republican presidential candidate Ben Carson (R) talks with 91-year-old World War Two veteran Russel

Nepalese people walk across the damaged temple area one month after the deadly 7.8 magnitude ...

Nepalese people walk across the damaged temple area one month after the deadly 7.8 magnitude ...

Police charge Congress activists who were staging a protest at the residence of Madhya Pradesh ...

Police charge Congress activists who were staging a protest at the residence of Madhya Pradesh ...

AISA activists holding a protest against HRD Minister Smriti Irani on concerns over the choice ...

AISA activists holding a protest against HRD Minister Smriti Irani on concerns over the choice ...

Pramodadevi Wadiyar and Yaduveer Krishnadatta Chamaraja Wadiyar at a press conference in the ...

Pramodadevi Wadiyar and Yaduveer Krishnadatta Chamaraja Wadiyar at a press conference in the ...

Indians watch a chopper carrying Prime Minister Narendra Modi leave after addressing a rally at ...

Indians watch a chopper carrying Prime Minister Narendra Modi leave after addressing a rally at ...

Gujjar community people sleep on train track as they agitating to demand reservation in ...

Gujjar community people sleep on train track as they agitating to demand reservation in ...

Prime Minister Narendra Modi greets to crowd as actress and BJP MP Hema Malini and other leaders ...

Prime Minister Narendra Modi greets to crowd as actress and BJP MP Hema Malini and other leaders ...

Mumbai India and CSK Cricketers with IPL Trophy during photo session ahead of their IPL 2015...

Mumbai India and CSK Cricketers with IPL Trophy during photo session ahead of their IPL 2015...

Organically grown fruits and vegetables at ‘Pilikula Vasanthothsava’ at Pilikula in Mangaluru...

Organically grown fruits and vegetables at ‘Pilikula Vasanthothsava’ at Pilikula in Mangaluru...

Copyright 2014, The Printers (Mysore) Private Ltd., 75, M.G Road, Post Box 5331, Bengaluru - 560001
Tel: +91 (80) 25880000 Fax No. +91 (80) 25880523