Haseena D/o Mujeed vs Union of India - 2022 Supreme(Ker) 1036

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Ker) 1036

AMIT RAWAL
Haseena D/o Mujeed – Appellant
Versus
Union of India – Respondent

Advocates:
Advocate Appeared:
For the Petitioners: S. Krishnamoorthy, Nithya Sugunan.
For the Respondents: P. Vijayakumar, S. Manu.

JUDGMENT :

AMIT RAWAL, J.

1. On account of high-handedness of the passport authorities the petitioner No. 1 who had been directed to surrender the passport of her minor child on 30.01.2020, has approached this Court under Article 226 of the Constitution of India. Petitioner No. 1 is the mother of petitioner No. 2 a minor daughter aged 6 years. Marriage between the petitioner No. 1 and her husband one Sri. Anzil - respondent No. 3 was dissolved in the year 2017 by decree of a Family Court Ext.P2 dated 26.05.2017. A passport bearing No. R0541315 dated 22.05.2017 was issued in favour of petitioner No. 2.

2. Sri. Kishnamoorthy, learned counsel appearing on behalf of the petitioners, submitted that an application was submitted for re-issuance of the passport of the petitioner No. 2 by ticking mark the Clause No. II(d) of Annexure C regarding the matrimonial discord whereby the prime custody of the child was with the mother with the visitation rights to the father on every weekend. The venom of the husband on petitioner No. 1 was reflected when the complaint at his behest was submitted to the passport officer with regard to the visitation rights. The passport officer without taking legal co

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