Single parents can apply for their minor child's passport without the other parent's consent, provided specific document requirements are met.

ORDER :

1. The writ petition is filed to direct the respondent to consider the petitioner’s application in file No.MA2077259254524 dated 25.12.2024 for the reissuance of the passport in favour of the petitioner’s second son, namely Tashvin, within the time frame fixed by this Court.

2. When the matter came up for hearing, Mr.R.K.Ashok, the learned counsel takes notice on behalf of the respondent.

3. Upon perusal of the affidavit filed in support of the writ petition and the material records of the case, it can be seen that the petitioner is a single parent. Her husband has gone to Australia and it is the petitioner’s case that there has been no contact with him due to marital discord. The question is no longer res integra, such cases of single parents who have not formally obtained any court orders of divorce, etc., have been the subject matter of consideration by various high courts.

4. Recently, the Telangana High Court in the Judgement of Zaynab Aaliyah Mohamed vs. The Union of India (W.P. No. 25962 of 2024) considered the earlier judgment of that Court in L. Deepika vs. Union of India and the judgement of the Kerala High Court in Juvairiya Vs. Regional Passport Officer and in Chaitanya S. Nair vs. Union of India and had considered the issue in detail and held that such application that is made by a single parent can also be considered by the passport issuing authorities, provided that the declarations in Annexure C, D, etc., which may be required by them, are filled up and submitted by the single parent. Paragraphs No. 8 to21 of the said judgment are extracted hereunder: -

“8. From the material on record it is evident that Dr.Sana Fatima is a single parent to the extent of having exclusive custody of the minor child. It is also undisputed that the parents of the minor are estranged in view of the pending divorce proceedings before the City Civil Court, Hyderabad. The MB,J only issue which falls for consideration is whether the Office Memorandum of 31.07.2024 can affect the right of the minor child for being considered for issuance of a passport and whether Dr.Sana Fatima (the single parent) has complied with the statutory requirements for processing of the passport applications.

Relevant Statutory Provisions

9. Column 16 in Section III of the Guidelines for filling up of Application Forms under the 1980 Rules provides for cases where a single parent can furnish a sworn affidavit before the Ministry stating the facts of the case along with documentary proof as per Annexure 'C'. The relevant part of Column 16 is extracted below:

"...In the NORMAL COURSE the signature/consent of both parents is required for issue of a passport to the minor (Annexure "H"). However, if in case the applicant parent is not in a position to get the consent of the other parent, FOR WHATEVER REASON, the parent applying for the passport of the minor may sign the form and submit a sworn affidavit as per Annexure "G"..."

10. Section IV of the 1980 Rules further provides under (A)(3)(a) that when applying for a minor's passport a declaration from the single parent/applicant parent, as the case may be, will have to be furnished along with particulars about the minor MB,J child as per Annexure 'H'. Annexure 'C' would apply for single parents who are separated but not formally divorced and Annexure 'G' when the passport is being applied for by the single parent or a legal guardian. Section IV (A)(3)(a) further enumerates the documents which should be filled up in Annexures 'C' and 'G', as the case may be. A "Note" to this section provides as follows:

"N.B. - Ordinarily the consent of both parents is required for issue of a passport to a minor (below 18 years of age). However if it is absolutely not possible due to any reason, the parent applying for a passport for his/her minor child may subm