The Passport Manual cannot run counter to the Passports Act and Rules. The pendency of a divorce case does not prevent the issuance of a passport to a minor.

ORDER :

The petitioner is before this Court seeking following prayers :

“a. Quash by a writ of certiorari, or any other appropriate writ, or order or direction in the nature of a writ, the endorsement bearing Letter reference No.OBJ/31054897/20 dated 18.12.2020, as per Annexure ‘H’;

b. Issue a writ of mandamus directing the Respondent No.2 to renew the Passport bearing No.N5770026 of the Petitioner’s minor son namely Master Tanush Sharavanabhavan;

c. Award the costs of this Writ Petition; and

d. Any other appropriate relief”

2. Heard Sri.K.S.Harish, learned counsel appearing for petitioner and Sri.S.R.Dodawad, learned Central Government Counsel appearing for respondent Nos.1 and 2.

3. Learned counsel for petitioner would contend that the issue in the lis would stand covered by the judgment rendered by this Court in W.P.No.22378 of 2022 dated 15.12.2022 which concerns issuance of passport to a minor, notwithstanding the father objecting to the same by not giving a no objection for grant of passport to the minor.

4. This Court in W.P.No.22378 of 2022 (supra) has considered the entire spectrum of the case and the guidelines so issued by then and has held as follows:

“8. The afore-narrated facts are not in dispute. The issue in the case at hand is, ‘whether the 2nd respondent was right in denying issuance/re-issuance of passport to the minor’.

9. To consider the issue, it is germane to notice the statutory frame work with regard to issuance of passport to a minor. Section 24 of the Passports Act, 1967 (‘the Act’ for short) empowers the Central Government to make Rules for carrying out the purposes of the Act. In terms of the said power, the Passports Rules, 1980 (‘the Rules’ for short) are made. The Rules have certain division amongst them with regard to issuance of passport. Certain schedules are appended to the Rules with regard to necessary documents to be submitted, by an applicant seeking a passport under various schemes. Section IV of Schedule III of the Rules, deals with documents to be appended for issuance of fresh passports. Clause 3 of Section IV(A) of the Rules deals with application for a minor’s passport and reads as follows:

“(3) When applying for a minor's passport attach:

(a) A Declaration from the parents/single parent/applicant parent/legal guardians, as the case may be, affirming the particulars furnished in the application about the minor child as per ‘Annexure-H (for all minor applicants). Annexure “C” (Single parents who are separated but not formally divorced/Single parent of the child born out of wedlock), Annexure “G” (when passport is being applied for by single parent or legal guardian), Annexure “I” (when a minor between 15-18 years of age applies for a full validity 10 year passport or in case either parents who do not hold valid Indian passport while applying passport for their minor child), as the case may be. Single Parents applying for the passport for their child should fill up Annexure “C” and or Annexure “G”, as the case may be.

(b) Attested photocopy of passport, if any, of both parents, if applicable.

(c) Original passports of parents should be presented for verification of particulars.

(d) If one parent is resident abroad, a Sworn affidavit by the parent resident abroad attested by the Indian Mission along with affidavit from parent residing in India as well be submitted.” (Emphasis supplied)

In case, the parents are applying for issuance of minor’s passport, a declaration from the parents/single parent/applicant parent/ legal guardians as the case would be, should be furnished about the minor child in terms of Annexure-H for minor applicants. Annexure-C for single parents, who are separated but not formally divorced/single parent of the child, born from the wedlock. Single parents applying for passport for their child Annexures-C or G, as the case would be have to be filled up. Table-2 appended to the afore