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2023 Supreme(Del) 924

PRATHIBA M. SINGH
Master Prakalp Sharma – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Sumit Bansal, Mr. Rajnish Gaur, Mr. Tushar Sahu & Ms. Divya Rana, Advocates, for the Petitioner.
Mr Mukul Singh, CGSC with Mr Vedansh Anand, GP & Ms Ira Singh, (Advocate), for the Respondent-1.
Mr. U.K. Sharma, Ms. Urmil Sharma, Advocates, for the Respondent-3 with Respondent-3 in person.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.

2. The present petition has been filed by the Petitioner - Master Prakalp Sharma seeking directions to the Respondents to allow the petitioner to apply for a fresh passport through his mother Ms Kritika Kaushik, as a single parent, before the Respondent No. 2 - the Embassy of United States of America, Consular Section.

3. The Petitioner is a two years old minor child who is autistic and has filed the present petition through his mother who is his guardian. The Petitioner is stated to be born in the USA on 10th March, 2020 when his parents were living there. In October, 2021 some matrimonial issues arose between the Petitioner's Parents.

4. Respondent No.3 - Mr. Sankalp Sharma who is the Petitioner's father continues to work in USA, in the Government Employees Insurance Company (GEICO).

5. The case of the Petitioner is that he was born in the USA and was issued an American passport. However, the said passport was allegedly taken away by the Respondent No.3. When the Petitioner applied for a fresh passport through his mother, the Respondent No. 2 - U.S. Embassy, refused to issue the passport to

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