Rejecting the contention by authorities that the biological father’s name alone can be furnished in the relevant column by a passport applicant, the Madras High Court has said that such a clause in the passport manual has no relevance in adoption cases.
Allowing a writ petition by a woman seeking a direction to the authorities to expedite the processing of her application and issue the passport by mentioning her adoptive father’s name, Justice Vinod K. Sharma said that the Passport Officer did not have any right to deny the processing of the application merely for want of the name of the biological father, who in view of adoption, had no concern with the petitioner.
Divya Menon stated that her biological parents had divorced. She had been adopted by her stepfather according to Hindu rights and customs. In the school records she had been shown as his daughter. This was also reflected in her driving licence and family card.
She applied for the passport stating to be the daughter of her stepfather. As the Passport Officer, Coimbatore, did not take any action, she approached the court.
In the counter, it was stated that the passport could not be issued to the petitioner by mentioning her stepfather as father. The applicant should mention only her biological father’s name. The stepfather or stepmother could only be entered as legal guardian in case of appointment by the court.
Mr. Justice Vinod K. Sharma said that the authorities’ stand deserved to be rejected. It was not a case where the petitioner was seeking entry of the stepfather’s name as legal guardian, but was claiming the entry of his name pursuant to adoption. The name of the biological father after the valid adoption could not be entered in any record as the child was to be treated as the child of adoptive father.
He directed the passport authorities to process the application and issue the passport to the petitioner after recording the stepfather’s name as her father, within a month.
