Shri DM Devnani, learned advocate for the petitioner stated at the Bar that there exists no restriction or bar against Hindu foreign national for adopting Indian child. Restriction and or bar and freedom to adopt Indian child by foreigner of Hindu religion without any formal permission or consultation with the agencies, and instrumentalities of the States in India, should act in favour of the petitioner in obtaining passport.
This Court is of the considered view that this statement needs to be examined. Hence, let there be a notice to respondent returnable on 17/2/2012. It is open to the respondent to bring about by way of affidavit any instruction issued from Ministry of Foreign Affairs or Central Government in respect of guidelines, instructions with regard to preparing passport in a case of a child who is being adopted by a person holding passport other than Indian passport. Same shall be placed on record by way of affidavit.
[ S.R. BRAHMBHATT, J ] /vgn Top