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2018 Supreme(Ker) 528

DAMA SESHADRI NAIDU
Betty Mathai D/o. Maman Mathai – Appellant
Versus
Union of India, Represented by Its Secretary, Ministry of External Affairs, New Delhi – Respondent


Advocates Appeared:
For the Petitioner: Sri. P. Haridas, Sri. P.C. Shijin, Advs.
For the Respondent: Sri. N. Nagaresh, Assistant Solicitor General, Adv.

JUDGMENT :

The petitioner is a divorced mother, and the 3rd respondent is her erstwhile husband. In 2011 the petitioner and the 3rd respondent obtained a divorce, as seen from Exts.P1 and P2. Ext.P1 agreement recorded the terms of the divorce—including the minor child’s custody—pending the matrimonial appeal No.278 of 2011. Ext.P2 is the judgment in that appeal and other connected proceedings. This Court, in fact, recorded the compromise and confirmed the divorce. Indisputably, the petitioner has the custody of the minor child and the 3rd respondent, as his father, the visitation rights.

2. It seems the petitioner, later, moved on to the United States of America, and now she wants to take her son, too. So she applied for a Passport to her minor son, who is about to complete 15 years—in one month. On her Ext.P5 application, the Regional Passport Authority, the 2nd respondent, asked her to get the consent from the minor's father. Aggrieved, the petitioner has filed this writ petition.

3. Despite the service of a notice, the 3rd respondent-father did not choose to appear.

4. Sri Haridas, the petitioner's counsel, has submitted that the petitioner is employed in the USA and wants to take h











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