( 1 ) RULE, Mr. M. A. Shaikh, Learned Additionall Central Government Standing Counsel waives service of rule on behalf of the respondent authorities. With the consent of learned counsel for the parties matter is taken up for final hearing today.

( 2 ) THE short facts of the case are that on 17. 4. 2000 the petitioner married to one Chandulal Kunvarjibhai Kanani and the said marriage registration is registered with the Sub-Registrar, Rajkot. It appears that the petitioner applied for passport on her name as married to Chandulal Kanani. The respondent passport authorities on the basis of said application has issued passport bearing No. B 3283015 on 10. 1. 2001. It is the case of the petitioner that thereafter there were some disputes between the petitionner and her husband and as both belong to Patel community in the presence of the relatives and leaders of the Patel Community it was decided to put an end to the marriage and therefore divorce deed has been executed on 28. 1. 2002 in the presence of notary and the said divorce deed is also executed in the presence of two relatives of the petitioner as well as two relatives of her ex-husband Chandulal Kanani. It is also the case of the petitioner that thereafter she has married with Rameshkumar Jadavbhai Dhameliya on 17. 2. 2002. The petitioner has also applied for registration of marriage. However, the certificate from the Sub-Registrar of Marriages is awaited. As the petitioner is desirous to have the new passport showing her name as wife of Rameshkumar Jadavbhai Dhameliya the petitioner has applied for such purpose to the passport authorities. It appears that as per letter, dated 27. 9. 04 the petitioner is communicated by the passport authority that divorce deed duly registered by the Sub-Registrar is required to be produced. It is under these circumstances the petitioner has approached this court by preferring this petition.

( 3 ) I have heard Mr. Bhatt for the petitioner and Mr. Shaikh, Ld. Addl. Central Govt. Standing Counsel for the respondent authorities. It appears that on facts there is no dispute that the petitioner has made the application. However, in the affidavit in reply filed on behalf of the passport authority at para 4 it has been stated as under:"i further say and submit that along with her application for passport dated 17. 9. 04 the petitioner had submitted divorce deed from her first husband duly notorised which is not acceptable for the issue of passport. As per Passport Manual 2001, issued by the Govt. of India, Ministry of External Affairs, CPV Divn, New Delhi, Chapter VIII Page No. 56 para No. C (i) Divorce duly authenticated by court is required for reissue of passport in remarried name. Annexed hereto and annexed as Annexure "a" is a xerox copy of the relevant portion. "the relevant extract from the passport manual upon which reliance is placed on behalf of respondent authorities reads as under:"c. Remarried applicants applying for change of name/change of spouses name should be asked to produce: i) divorce deed duly authenticated by court or Death certificate as the case may be in respect of the first spouse; or ii) attested copy of the marriage certificate issued by the Registrar of Marriages or an affidavit signed by both husband and wife along with a joint photograph with the present spouse; iii) photocopy of the present spouses passport, if any,"

( 4 ) MR. SHAIKH for respondent for passport authorities submitted that the divorce deed duly authenticated by the court or the death certificate, as the case may be, in respect of the first spouse can only be said as sufficient and reliable proof for acceptance of the passport authority. Therefore, it has been submitted that in the absence of divorce deed duly authenticated by the court it can not be said that there is a valid divorce of the petitioner with Shri Chandulal Kanani and therefore the passport authority has called for the said document.

( 5 ) IT appears that the instructions i