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ARUN MONGA
Naitik Singh – Appellant
Versus
Union of India – Respondent
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 responde
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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