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IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATHIBA M. SINGH, J.
Smita Maan and Another - Petitioner
Versus
Regional Passport Officer - Respondent
W.P.(C) No.1408 Of 2023 and CM APPL. No.5246 Of 2023
Decided On : 19-04-2023
Passport - Single Parent - Chapter 8, Clause 4.5.1., Chapter 9, Clause 4.1, 4.3 - The court discussed the applicability of clauses 4.5.1 and 4.1 of the Passport Manual, 2020, and an OM dated 28th February, 2023, in the context of a single parent seeking the deletion of the father's name from the minor child's passport. The court also referred to relevant judgments, including Shalu Nigam v. The Regional Passport Officer, Prerna Katia v. Regional Passport Office Chandigarh, and Nancy Nithya v. Government of India, to support the single parent's claim. The court held that under the unique circumstances of the case, the name of the father should be deleted from the minor child's passport and a new passport should be issued without the father's name.
Fact of the Case:
The petitioner, a single parent, sought the deletion of the father's name from the minor child's passport or re-issuance of a fresh passport without the father's name. The father had abandoned the child, and a settlement agreement between the parents granted exclusive custody to the mother, with no visitation rights or claims for the father. The divorce decree also granted custody to the mother.
Finding of the Court:
The court found that the clauses in the Passport Manual and the OM recognized situations where the exclusion of the father's name from the minor's passport is permissible. The court also noted that the father had given up all rights towards the child and had completely deserted the child. Therefore, the court directed the deletion of the father's name from the minor child's passport and the re-issuance of the passport without the father's name.
Issues: The main issue was whether the name of the father should be deleted from the minor child's passport in the context of a single parent seeking the exclusion of the father's name due to abandonment and a settlement agreement granting exclusive custody to the mother.
Ratio Decidendi: The court's decision was based on the recognition of the unique circumstances of the case, the applicability of clauses 4.5.1 and 4.1 of the Passport Manual, and the OM dated 28th February, 2023, which allowed for the exclusion of the father's name from the minor's passport in certain situations, including abandonment and legal disowning of the child by the father.
Final Decision: The court directed the deletion of the father's name from the minor child's passport and the re-issuance of the passport without the father's name, emphasizing that the order should not be treated as a precedent.
JUDGMENT :
(Prathiba M. Singh, J.) :—
This hearing has been done through hybrid mode.
2. The present petition has been filed by Petitioner No. 1/Ms. Smita Maan and her minor son - Vedant Singh Maan/Petitioner No. 2 seeking the deletion of the name of the father of the minor child/Petitioner No. 2 from his existing passport or in the alternative, the Petitioner seeks re-issuance of a fresh passport to the minor child/Petitioner No. 2 without mentioning the name of the father therein.
3. The Petitioner No. 1 was married on 9th December, 2012 and conceived a child/Petitioner no. 2 from the said wedlock. However, the case of the Petitioner No. 1 is that the husband had deserted her during the pregnancy itself i.e., with effect from 19th August, 2013. The Petitioner No. 2/minor son was thereafter born on 19th March, 2014 and since then has been raised by Petitioner No. 1 as a single parent. In terms of the extant Passport Manual and Regulations, in 2015, Petitioner No. 1 had applied for a passport for Petitioner no. 2/minor son which was issued to him on 23rd September 2015 bearing no. N3138881. In the said passport, the names of both the biological father and mother of the minor child were mentioned. The said passport expired on 22nd September, 2020.
4. In the meantime, the Petitioner No. 1 and her then husband had entered into a settlement dated 6th February, 2019, in which the following terms and conditions were agreed upon-
a. That petitioner/respondent (husband/wife) will pay a sum of Rs. Nil (nil). In form of demand draft to the petitioner/respondent (husband/wife) at the time of recording of statement of both the parties before the Hon'ble family courts under the first motion proceedings.
b. That the petitioner/respondent(Husband/wife) shall pay Rs. Nil (Nil) to the petitioner/respondent(Husband/wife) at the time of recording of statements of both the parties before the Hon'ble family court on under the second motion proceedings as full and final settlement amount in the form of Demand Draft. Second Motion Petition shall be filed by both the Parties within 15 days of expiry of mandatory cooling period of Six months after completion of First Motion or both. The Parties shall file an Application for waiving of mandatory cooling period after First Motion.
c. It is further agreed between the parties that the petitioner/respondent(Husband/wife) shall pay Rs. Nil (Nil) to the petitioner/respondent(Husband/wife) at the time of quashing of FIR No. 462/18 u/S 498A, 406, 34 IPC, P.S. Vasant Kunj North in Hon'ble Delhi High Court within 30 days after second motion and petitioner/respondent (Husband/Wife) shall cooperate and sign all the necessary affidavits and do the needful in quashing of said FIR.
5. It is agreed between the parties that the petitioner/respondent (Husband/wife) will not have any right, title, interest, claim etc. whatsoever over in the properties of petitioner/respondent (Husband/wife) after the completion of the present compromise agreement.
xxx xxx xxx
10. It is agreed between the parties that the minor child namely Vedant Singh age 5 years will be under the absolute and exclusive legal custody of the Respondent (Wife) and the Petitioner (Husband) shall have no visitation rights or any access to the child or any rights to the child or any kind of claim or right in any form/manner over the child in all the times to come present or future. It is further agreed between the Parties that the child namely Vedant Singh will carry the identity and surname of his Mother/maternal grandparents. It is understood between the Parties that the Respondent (Wife) has given up a
The welfare of the child and evolving societal norms are paramount considerations in cases involving the requirement of mentioning the father's name in a passport application.
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.
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.
A minor's right to obtain a passport cannot be impeded by parental disputes, especially when one parent has abandoned the child and the other has complied with legal requirements.
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