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G. S. KULKARNI, ADVAIT M. SETHNA
Yushika Vivek Gedam – Appellant
Versus
Union of India, through the Ministry of External Affairs – Respondent
JUDGMENT :
G.S. KULKARNI, J.
1. The petitioner-Ms. Yushika Gedam is a minor pursuing Higher Secondary education, who has filed this petition under Article 226 of the Constitution of India through her mother-Mrs. Prerana Vivek Gedam, the natural guardian.
2. The grievance of the petitioner is against respondent no. 2 - the Regional Passport Officer, who has issued the impugned communication dated 18 November, 2024 informing the petitioner that her passport application dated 28 October, 2024 would not be processed, for the reason that the petitioner’s father has objected for re-issuing passport to the petitioner. The impugned communication is required to be noted, which reads thus:
|
| GOVERNMENT OF INDIA MINISTRY OF EXTERNAL AFFAIRS REGIONAL PASSPORT OFFICE, PUNE | ||
| Tel. No. 2027209999 Fax No.: File No: PN1070298980424 Letter Reference No: OBJ/328981038/24 |
| REGIONAL PASSPORT OFFICE PUNE, PASSPORT BHAWAN, SR. NO.522, BANER-PASHAN LINKROAD, BANER, PUNE-411045, MAHARASHTRA. Date: 18/11/2024 | |
| To, YUSHIKA GEDAM D/O. VIVEK KUMAR GEDAM, FLAT NO. 29, WING C, TIRUPATI TOWNSHIP, BHAIRAV NAGAR, DHANORI, PUNE | |||
The right to travel abroad is a fundamental right under Article 21 of the Constitution, and cannot be denied arbitrarily, especially in light of ongoing matrimonial disputes.
The right to travel abroad is a fundamental right under Article 21 of the Constitution, and cannot be denied without justifiable grounds, especially in cases of parental disputes.
The right to obtain a passport for a minor is integral to personal liberty under Article 21 and cannot be denied due to parental disputes.
Administrative guidelines cannot override statutory rules in the process of issuing passports to minors.
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.
None of the parties could bring to the notice of this Court any legal prohibition in incorporating the name of a non-citizen as the legal guardian in the passport of a minor child.
The fundamental right to travel abroad, the discretion of the court in granting permission for passport renewal, and the statutory provisions under the Passport Act 1967, along with the notification ....
In divorce cases concerning minors, both parents' consent or court permission is required for passport issuance, emphasizing the need for mutual agreement or legal oversight.
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