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2016 Supreme(Del) 2008

MANMOHAN
SHALU NIGAM – Appellant
Versus
REGIONAL PASSPORT OFFICER – Respondent


Advocates Appeared:
For the Appellant :Petitioner no.1 in person.
For the Respondent:Mr. Amit Bansal, Advocate and Amicus Curiae and Ms. Seema Dolo, Advocate.
Mr. Rajeev Kumar, Advocate for R-1 and 2.

JUDGMENT :

MANMOHAN, J.

1. Petitioner No.1 by way of the present writ petition has sought re-issuance of her daughter-petitioner No.2's passport without insisting upon her father's name being mentioned in the application.

2. Petitioner No.1, who appeared in person, stated that she is divorced from her husband and has raised petitioner No.2 as a single parent since her birth on 24th August, 1997. She contended that the biological father had completely abdicated his responsibilities towards petitioner No.2 since her birth.

3. Petitioner No.1 stated that the respondents insistence upon petitioner No.2 mentioning her father's name in the application violated the rights of petitioner No.2 to determine her name and identity. She pointed out that the entire record of petitioner No.2-daugther which included her educational certificates and Aadhar Card etc. did not bear the name of her father. She submitted that if the directions sought for in the present petition are not issued, the petitioner No.2-daughter would be compelled to alter her identity that she had been using since her birth as daughter of petitioner No.1 rather than of her biological father. According to her, through the malafide,













































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