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2014 Supreme(Ker) 134

P.N.RAVINDRAN
Juvairiya, Malappuram – Appellant
Versus
Regional Passport Officer Malappuram – Respondent


Advocates Appeared:
For the Pettioner:K.K. Mohamed Ravuf, Advocate.
For the Respondent: R1, P. Parameswaran Nair, ASG of India.

Judgment

1. The petitioner is a divorcee. The marriage between her and Sri.Fazil Koorikkadan, S/o. Sulaiman, was solemnised on 13.7.2008. In that marriage, two children, Master Zayan Koorikkadan and Master Faizan Koorikkadan were born. A divorce by pronouncement of Talaq was effected on 14.5.2013 and an agreement regarding custody of children was entered into between the petitioner and Sri.Faisal. As per the said agreement, custody of the children was given to the petitioner and the father was given only visitorial rights and permission to have the company of the elder child during the summer vacation.

2. With a view to undertake a pilgrimage to Mecca along with her children, the petitioner, who already holds a passport bearing No.L4216238 issued by the Regional Passport Officer, Malappuram on 14.10.2013, submitted separate applications for passports for her minor children. On the date on which an appointment was given to the eldest child, i.e, 16.11.2013, the petitioner produced along with other documents the original of Ext.P3 affidavit dated 12.11.2013 sworn to by her and attested by the Judicial First Class Magistrate-I, Parappanangadi. A similar affidavit was produced on 19.11.





























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