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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S. KULKARNI, ADVAIT M. SETHNA, JJ.
Yushika Vivek Gedam – Petitioner
Versus
Union of India, through the Ministry of External Affairs – Respondent
Writ Petition No. 19042 of 2024
Decided On : 08-01-2025
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 CITY – 411015, MAHARASHTRA, INDIA. Subject: Objection(s) with reference to your Passport Application Number -PN1070298980424 Dear Madam, This is in reference to your Passport application number PN1070298980424 dated 28/10/2024.
On processing of the Application form, the following shortcomings came to notice:- 1) Father of the minor has objected to issuing passport to the applicant. In view of above, you are requested to furnish either father’s consent on Annexure D along with self attested copy of his passport or Court permission allowing you (mother) to apply and obtain passport for the minor without the consent of the other parent, i.e. father, for further processing of the application. You are requested to visit this office in person with all the relevant supporting documents in ORIGINALs on Monday, Tuesday, Thursday & Friday (not on Wednesday & Public Holidays) between 09:00 am to 11.:30 am only for further action on your application. Kindly carry a printout of this letter to allow entry in this Office. Yours Sincerely, For Regional Passport Office, Pune.” | |||
3. The relevant facts are: There is a marital dispute between the petitioner’s father Mr. Vivek Gedam and her mother-Mrs. Prerana. The marriage between the petitioner’s parents was solemnized on 1 November, 2006. The petitioner (Yushika) was born on 1 November, 2008.
4. It is contended that the petitioner’s mother was subjected to persistent harassment, physical and mental by the petitioner’s father, hence the mother had filed Criminal Miscellaneous Application no. 2124 of 2015 against the petitioner’s father as also against his parents and sister-in-law under Section 12 of the Protection of Women from Domestic Violence Act, 2005, in the Court of Chief Judicial Magistrate at Pune seeking maintenance for the petitioner and herself. The Court of the Additional Chief Judicial Magistrate, Pune passed an order dated 21 March, 2021 granting relief in favour of the mother by ordering maintenance to be paid to her.
5. It is contended that the petitioner’s father on the other hand had filed a petition for Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act, 1955 before the Family Court at Durg, Chhattisgarh, which was later on withdrawn. Thereafter the petitioner’s father filed Petition No. 37 of 2017 seeking divorce under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act before the Family Court at Durg, Chhattisgarh, which was dismissed by the Family Court by judgment and order dated 8 September, 2023. The order of the Family Court is challenged by the petitioner’s father before the High Court of Chhattisgarh at Bilaspur. Further by an order passed by the Supreme Court on the wife’s transfer appli
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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