Point in Issue :
Whether new passport can be issued to petitioner with change in the name of her husband without certified copy of divorce deed with earlier husband.

K.A. Puj, J.—Rule. Mr. P.S. Champaneri, learned Assistant Solicitor General waives service of rule on behalf of the respondent.

2. The petitioner has filed this petition under Article-226 of the Constitution of India praying for direction to the respondent authorities to issue passport to the petitioner. The petitioner has also prayed for the direction to the respondent No. 1 to make necessary correction in the passport, in the name of the husband of the petitioner as “Keyurbhai Bhaskarbhai Patel”.

3. This Court has issued notice on 8.4.2010. Pursuant to the notice Mr. Champaneri, learned Assistant Solicitor General appeared on behalf of the respondent and an affidavit-in-reply is filed on 23.4.2010 by the Dy. Passport Officer.

4. It is the case of the petitioner that the petitioner is a daughter of Rameshbhai Naranbhai Patel. The father of the petitioner belongs to Village : Valasan, Taluka, District : Anand. The petitioner got married with one Mahendrabhai Maganbhai Patel on 8.2.2000, according to Hindu rites and customs at Village : Valasan. After marriage, the petitioner stayed with her husband at Nairobi. However, due to differences between the petitioner and her husband the petitioner left Nairobi and she came back to India on 23.9.2000. There was hardly four months married life of the petitioner and matrimonial dispute could not be settled and hence ultimately because of intervention of the friends, elders and near relatives the petitioner and her husband separated and divorce deed was executed on 28.2.2001 in presence of relatives and witnesses.

5. After the divorce the petitioner remarried with one Keyurbhai Bhaskarbhai Patel, according to Hindu rites and customs at Anand on 26.10.2001. The said marriage was registered with the Registrar of Marriages, Anand on 13.7.2006. After the petitioner married with Shri Keyurbhai Bhaskarbhai Patel the petitioner was known as wife of Keyurbhai Patel. During the wedlock with Keyurbhai Patel son ‘Tanmay’ was born on 29.9.2003 at Anand and his birth was registered with Anand Municipal Local Area Authority on 30.9.2003 and daughter ‘Lency’ was born on 22.3.2007 and her birth was registered on 23.3.2007 with Anand Municipal Local Area Authority, under the Birth & Death Registration Act. The petitioner is residing with her new husband - Keyurbhai Patel at Karamsad and she is having residential certificate as well as identity card of Election Commissioner of India.

6. The petitioner, thereafter, applied for passport to the respondent No. 1 and as per requirement of the Passport Office she filled up her Passport Application. The petitioner was originally possessing passport bearing No. 8779105 which was issued on 3.3.2000 and expired on 22.3.2005. Pursuant to the petitioner’s application the passport authority has written letter on 26.2.2010 to the petitioner seeking certified copy of the Divorce Deed of Sub-Registrar Court. The petitioner has approached the respondent No. 1 and explained that in the Patel Community of Anand District, customary divorce is permissible and, therefore, she has not registered her Divorce Deed dated 20.2.2001 with the Registrar Office at Anand and she has not filed proceedings thereafter for mutual consent decree from the competent Court. The petitioner has also explained to the Passport Office that under Section-29(2) of Hindu Marriage Act no Divorce Decree or registration of a Divorce Deed is required if customary divorce is permissible. However, the Passport Officer was not ready to issue passport to the petitioner, hence present petition is filed.

7. Mr. Rajesh K. Shah, learned Advocate appearing for the petitioner has submitted that the petitioner’s wedlock with Mahendrabhai Maganbhai Patel came to an end on 20.2.2001 and hence Divorce Deed was executed between the parties as per custom of the Patel community hence it is not required to be registered nor any decree from the competent Court is required to be obtained. In support of this submission