Debi Prosad Dey, J. - (1.) Shri Chaman Dass, being an adoptive father of Master Arun Mondal, has prayed for correction of the name of the parent of Master Arun Mondal before the authority but, his application was turned down. The fact of the case is that Master Arun Mondal was adopted by Shri Chaman Dass on the strength of a registered deed, vide Annexure P -1. Thereafter, the petitioner submitted a detailed representation before the respondent No. 2 for issuance of birth certificate in favour of Master Arun Mondal by incorporating the name of Shri Chaman Dass as father, vide Annexure P -2.
(2.) It is the specific case of the petitioner that the authorities did not adhere to such application submitted by Shri Chaman Dass instead the authorities handed over one circular of the Deputy Registrar General (CRS). The respondent authorities have duly appeared in this proceeding and submitted affidavit -in -opposition. The specific case of the respondents is that the deed of adoption, as submitted by the petitioner, is invalid and the said deed being hit by Sec. 11 of the Hindu Adoptions and Maintenance Act, 1956, cannot be given effect to.
(3.) Learned advocate for the petitioner contended that the Hon'ble High Court in MAT No. 025 of 2014 has specifically directed that the birth certificate should be amended in case of change of custody in terms of Sec. 41 (3) of the Juvenile Justice (Care and Protection of Children) Act, 2000.;