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.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned communication, dated 24.08.2023 issued by the first respondent and quash the same and consequently direct the respondent to re-issue the passport to the minor petitioner Master.Eshaan in pursuance of the application vide File Number MD1075709750123, dated 23.08.2023.)

1. The Petitioner has prayed for issuance of a Writ of Certiorarified Mandamus to quash the impugned communication, dated 24.08.2023 issued by the first respondent and consequently, direct the respondent to re-issue the passport to the minor petitioner Master.Eshaan in pursuance of the application vide File Number MD1075709750123, dated 23.08.2023.

2. The case of the petitioner is that, Mrs.Preethi is the mother of the petitioner and the second respondent is the father of the petitioner. Their marriage was solemnized on 26.10.2015. Out of the wedlock, the petitioner was born on 13.09.2017. Subsequent to the marriage, the petitioner's mother was subjected to domestic violence and other harassment at the hands of her husband and his family members. On 02.03.2020, she was driven out from the matrimonial home. Thereafter, the second respondent has filed H.M.O.P.No. 110/2021 before the Family Court, Madurai seeking dissolution of marriage. Thereafter, the petitioner's mother filed H.M.O.P.No.286/2021 before the Family Court, Madurai seeking restitution of conjugal rights. When she was driven out from matrimonial home, all her belongings including certificates and her passport and passport of the petitioner were retained by her husband in the matrimonial home.

3. The petitioner has been studying 1st standard in a private school at Madurai. He has participated Regional Level Abacus Competition - Brainobrain Kids Academic Private Limited, Chennai and he won the silver medal. He has also participated in the 9th International Online Abacus Competition conducted by the Brainobrain Kids Academic Private Limited on 28.01.2023 and he acquired Championship. The 42nd India National Abacus Competition Festival is being scheduled on 9th and 10th of September 2023 at Trade Centre, Chennai. He has made an application to participate in the above National Level Competition. In addition, International Competition is scheduled to be held on 25.11.2023 at Dubai. He has been very interested in participating the Abacus International Competition Scheduled at Dubai. They have made all arrangements to fly abroad and participate in the event scheduled at Dubai. Under these circumstances, the petitioner's mother sent a letter, dated 09.01.2023 to the second respondent requesting to return back their passport. Since her husband has refused to hand over the passport, she has filed I.A.No.1 of 2023 in H.M.O.P.No.110 of 2021 before the Family Court, Madurai seeking direction to her husband to return the documents mentioned in the annexure including the passport. The Family Court Judge appointed an Advocate Commissioner to inspect the cupboard situated at the matrimonial home and take the inventory of the things kept inside the cupboard and hand over the things to her. As per the order of the Family Court, the Advocate Commissioner had inspected the cupboard and took inventory of the things found in the cupboard. To the shock and surprise, only their old passports were found. Her new passport and her son's passport were not found in the cupboard. On enquiry, the second respondent informed that he did not know whereabouts of their passport. Hence, left with no other option, she has submitte