Delhi District Court Mr. Johann Kleuskens vs Union Of India on 17 February, 2007
1 IN THE COURT OF SH. J.P. NARAIN CIVIL JUDGE : DELHISUIT NO.1640/06Mr. Johann KleuskensS/o Mr. Hubert KleuskensR/o Lilienthalstrasse 3815831, Mahlow, GermanyThrough his SPA HolderSh. Bhavesh Kumar ChaudharyS/o Sh. G.S. Chaudhary age about 38 yearsR/o F-1538, Netaji NagarNew Delhi-23. Plaintiff. Versus1.Union of India Through its Secretary External Affairs South Block, New Delhi2.Ms. Pawana Devi D/o Late Sh. Jagat Ram R/o Village Dukhi Mohan P.O. Utrala, Tehsil Baijnath District Kangra (H.P.) DefendantsJUDGEMENT:
By this judgment, I shall dispose of the present suit of the plaintiff. The plaintiff has filed the present suit seeking a decree of declaration and mandatory injunction. The case of the plaintiff in brief is that plaintiff is a German national holding German passport number 2665054121 and Bhavesh Kumar Choudhary is the special power of attorney holder. That the plaintiff was married to Mrs. Sylille Heike and has two daughters namely Ms. Andrea and Ms. Kristina. That the plaintiff and his wife are not blessed with any son and plaintiff and his wife decided to adopt a newly born male chile and plaintiff and his wife learnt about the pregnancy of defendant No.2 Ms. Pawana Devi. That defendant No.2 gave birth to male child on 11.10.06 in Simran Hospital, District Mandi (Himachal Pradesh) and as per the arrangement between the plaintiff and defendant No.2 the name of the plaintiff was recorded as father in the birth certificate of child Master Shiven. That the birth certificate dated 16.10.06 was issued by the Local Registrar. That Defendant No.2 voluntarily handed over the custody and care of Master Shiven on 11.10.06 and plaintiff and his wife voluntarily took the custody and care of the child from defendant No.2. That the plaintiff and defendant No.2 executed an adoption deed at New Delhi on 5.12.06 duly registered with Sub Registrar VII at Sl. No.1206, Book No.3. That the plaintiff and his wife applied for permission for adoption from Government of Germany and same was accorded on 2.11.06 and thereafter plaintiff and his wife got the documents of adoption attested and certified by the Embassy of India at Berlin. That the plaintiff wants to take the child to Germany and for taking the child to Germany the following things are to be done:
(i)Certification of birth certificate
(ii)Certification of adoption deed
(iii)Courts decree with regard to the adoption of the child.
2. The plaintiff has sought a decree of declaration declaring the adoption deed annexure A-1 as valid in the country of origin of the plaintiff i.e. Germany. The plaintiff has also sought a decree of mandatory injunction directing defendant No.1 and its officials to provide the necessary cooperation to the plaintiff for issuance of valid travel documents including certification of the adoption deed and birth certificate.
3. Defendant No.2 did not appear despite service and was proceed ex-parte. Defendant No.2 did not contest the suit and did not file the written statement. Counsel for defendant No.2 has made the statement that defendant No.2 has no objection if the suit is decreed.
4. In support of his case plaintiff has examined himself as PW1 and Bhavesh Kumar Chaudhary as PW2. Plaintiff has filed evidence by way evidence and has testified that he is a German resident holding passport No.266505412. He has proved special power of attorney executed in favour of Bhavesh Kumar Chaudhary appointing Mr. Bhavesh Kumar Chaudhary as special power of attorney holder which is ex.PW1/1. PW1 has also proved his passport ex.PW1/2, the birth certificate dated 16.10.06 ex.PW1/3 and certified copy of adoption deed ex.PW1/4. PW1 has testified that in consequence of the adoption of Master Shiven he shall enjoy all the rights and title in the adoptive family and shall be bound by adoption prohibitions in regard to his marital relations with the family of Ms. Pawana Devi and Mr. Johann Kleuskens and Mrs. Sylille Heike to take all appropriate legal recourse so as to bring the adopted son at par with the daughters of Mr. Johann Kleuskens.
5. PW2 has also filed evidence by way of affidavit. Testimony of both the witnesses remained unchallenged. From the unchallenged testimony plaintiff has established that plaintiff is entitled to decree of declaration and decree of mandatory injunction as prayed for. Accordingly, suit of the plaintiff is decreed and it is declared that the adoption deed, certified copy of which is ex.PW1/4 is valid adoption deed for the purpose of adoption in the country of plaintiff.
6. Defendant No.1 Union of India and its officials are directed to provide necessary travel documents including the certification of the adoption deed and birth certificate so as to enable the plaintiff to take his adopted son to his country of origin. Decree sheet be prepared accordingly. File be consigned to Record Room.
(J.P. NARAIN) CIVIL JUDGE/DELHI.
ANNOUNCED IN OPEN COURT ON 17.02.2007.