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2022 Supreme(Ker) 143

BECHU KURIAN THOMAS
Chaitanya S. Nair (Minor) – Appellant
Versus
Union Of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Dr.Abhilash O.U.
For the Respondent: Sri.Jaishankar V.Nair, Sri.S.Manu, Sri.Shahul Hameed, Sri.K.M.Varghese, Sri.T.A.Niyas

JUDGMENT :

‘We worry about what a child will become tomorrow, yet we forget that he is someone today’. The above words of Stacia Tauscher, an Irish artist can give insight, while resolving the issue that arises for consideration in this case.

2. Petitioner is a minor girl who has approached this Court seeking a direction for issuing a passport to her without insisting on the consent from her biological father. She also seeks directions to issue the passport to her, including details of her stepfather.

3. The parents of the petitioner dissolved their marriage by mutual consent through a compromise decree from the Family Court, Ernakulam. Despite the mother of the petitioner being an American citizen, she was appointed as the legal guardian, with visitorial rights given to the father, subject to the mutual convenience of parties. After the dissolution of marriage, petitioner's mother remarried and she intends to take the petitioner abroad to live along with her. For the said purpose, when an application for obtaining a passport was submitted, the passport issuing authority-second respondent, insisted on the consent/permission from petitioner's biological father and refused to accept the

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