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RAJASTHAN HIGH COURT
Arun Monga, J.
Naitik Singh - Appellant
Versus
Union of India & Ors. - Respondents
S.B. Civil Writ Petition No. 17477 of 2023
Decided On : 17-11-2023
Passport - Minor Custody - Passport Act Section List - The court emphasized the fundamental rights of a minor to obtain a passport despite parental disputes, interpreting relevant guidelines and previous judgments to ensure the child's right to travel and maintain familial bonds.
Fact of the Case:
A minor, abandoned by his father and separated from his mother, sought renewal of his passport, which was denied by authorities due to lack of parental consent, despite the mother providing necessary documentation.
Finding of the Court:
The court found the refusal to renew the passport arbitrary and illegal, highlighting the minor's right to travel and the mother's compliance with procedural requirements for single parents.
Issues: Whether the passport authorities' refusal to renew the minor's passport based on parental consent was justified given the circumstances of abandonment and custody.
Ratio Decidendi: The court ruled that the minor's right to a passport and travel cannot be denied due to the estranged parent's lack of involvement, especially when the custodial parent has fulfilled all legal requirements.
Result: The court directed the passport authorities to issue the passport to the minor forthwith.
Certainly. Here are the key points from the provided legal document:
The court emphasized that a minor's right to obtain a passport cannot be denied due to parental disputes, especially when one parent has abandoned the child and the other parent has fulfilled all legal requirements (!) (!) .
The case involved a minor who was abandoned by his father and separated from his mother, with the mother residing in the USA and the father’s whereabouts being unknown since 2018 (!) (!) .
The parents’ marriage was dissolved by a court in California, where the minor’s custody was granted primarily to the mother, with visitation rights to the father, who had abandoned the child (!) (!) (!) (!) (!) .
The minor’s initial passport was issued in 2017 after the divorce, but the renewal was refused by authorities on the grounds of foreign divorce judgments and procedural requirements, despite the mother providing necessary documentation and a no-objection statement from the father’s side (!) (!) (!) (!) .
The court found the refusal to renew the passport to be arbitrary and illegal, asserting the minor’s fundamental right to travel and the fact that the custodial parent had complied with all procedural formalities (!) (!) .
The relevant guidelines permit passports to be issued to minors of divorced parents even if one parent is absent or has abandoned the child, provided the custodial parent submits an affidavit and other necessary documentation (!) (!) (!) (!) .
The authorities’ reliance on certain procedural clauses regarding foreign divorce judgments was deemed contrary to the actual circumstances, as the divorce was obtained in California when both parents and the child were residing there (!) .
The court directed the passport authorities to issue the passport to the minor immediately, emphasizing the importance of the child's right to travel and the adverse consequences of delayed issuance (!) (!) .
The court also noted that if any deficiencies are found during the passport issuance process, the authorities may withhold the passport temporarily but must complete the necessary formalities within a specified timeframe, failing which the passport may be canceled (!) .
Overall, the judgment underscores that parental disputes or abandonment do not justify denying a minor’s right to a passport, especially when legal requirements are met by the custodial parent.
ORDER
1. Naitik, all of a 11 years old minor, abandoned by his father and separated from his mother much against his and his mother's wishes, by force of unfortunate circumstances which are compounded by the action/inaction of the respondent passport authorities, is before this court seeking issuance/renewal of his passport.
2. Succinctly stated the facts of the case are:
2.1 The marriage between the parents of the petitioner was solemnized on 14.07.2010 in India. Later they moved to live in USA. On account of differences that arose between them, their marriage was dissolved vide a consent order dated 26.08.2014 passed by the competent Court in California. After dissolution of marriage, the petitioner's mother continues to live in USA. She is currently working as business architecture specialist at Chicago and residing at Tennessee, USA. The petitioner earlier applied for his passport on 18.09.2017 and the passport authority issued him passport bearing NO.R3840742, which was valid upto 17.09.2022. Petitioner's mother applied for renewal of petitioner's passport on 08.07.2023. The said application for renewal of the passport moved on behalf of the petitioner is objected by the respondents stating that declaration of both the parents as per Annex.D of the passport instruction booklet of the application form has not been provided.
2.2 The petitioner's mother approached the respondent authorities on 12.10.2023 and produced certified copy of the order showing dissolution of her marriage. However, the respondent authorities declined to renew the petitioner's passport.
3. Learned counsel for the petitioner argues that the action on the part of the respondents is totally arbitrary, illegal and against the fundamental rights guaranteed to the petitioner under the Constitution of India.
4. I have heard the competing arguments of both the learned counsel.
5. It is a very peculiar and unsavory case in hand where a minor is being deprived of the love and affection of his mother on the one hand, while on the other hand, his father has totally abandoned him. It is stated that even the whereabouts of the father are not known since June, 2018 after the order dated 09.05.2018 was passed in his favour quashing the FIR registered by the mother against him, which arose out of the matrimonial difference between the couple. Compelled by the circumstances, the minor is currently forced to live in the custody of his maternal grandparents since his mother is working and residing in America.
6. While a decree of divorce was granted by mutual consent dated 26th August 2014 (Annex. 4) by the competent Court in California, the marriage between the parents of the minor son was dissolved. The terms of the settlement arrived between both of them, forming part of the judgment and decree passed by the Family Court in California, dissolving their marriage, being apposite, are being reproduced herein below:
The parties to this action, Petitioner, RANVEER SINGH (hereinafter referred to as 'Ranveer'), and the Respondent, KAVITA SINGH (hereinafter referred to as 'Kavita'), hereby stipulate and agree to the following to resolve all issues of their pending dissolution of marriage action.
STATISTICAL INFORMATION
1. Court Filings: The parties were married on July 14, 2010 and permanently separated on June 10, 2013. Ranveer filed a Petition for Dissolution of Marriage in the Superior Court of California, County of Santa Clara, case number 1-13-FL-165395, on July 10, 2013. The Court acquired jurisdiction over Kavita when she was served with the Petition and Summons in this matter on July 10, 2013.
2. Minor Children: There is one minor child of the parties marriage, NAITIK SINGH (DOB 07/01/12).
3. Intent to Remain Separate and Apart: Irreconcilable differences have arisen in the marriage and no amount of connseling can repair the marriage. The parties have chosen to dissolve the marriage and live permanently apart.
4. Voluntary Execution: The parties further acknowle
None of the parties could bring to the notice of this Court any legal prohibition in incorporating the name of a non-citizen as the legal guardian in the passport of a minor child.
The Passport Manual cannot run counter to the Passports Act and Rules. The pendency of a divorce case does not prevent the issuance of a passport to a minor.
Administrative guidelines cannot override statutory rules in the process of issuing passports to minors.
The right to obtain a passport for a minor is integral to personal liberty under Article 21 and cannot be denied due to parental disputes.
In divorce cases concerning minors, both parents' consent or court permission is required for passport issuance, emphasizing the need for mutual agreement or legal oversight.
The right to travel abroad is a fundamental right under Article 21 of the Constitution, and cannot be denied without justifiable grounds, especially in cases of parental disputes.
The right to travel abroad is a fundamental right under Article 21 of the Constitution, and cannot be denied arbitrarily, especially in light of ongoing matrimonial disputes.
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