The main legal point established in the judgment is the requirement for petitioners to approach the court with clean hands and clean mind, and the condemnation of filing frivolous and vexatious litigation.

JUDGMENT :

VINEET SARAN, J.

The petitioner, who is a citizen of Portugal and was a resident of Denmark, both countries of the European Union, had been permitted to stay in India under PIO card, and presently residing at Bhubaneswar, has filed this writ application seeking following relief;

“Therefore, it is most respectfully prayed before Your Lordships, to admit this writ application, issue notice to the Opps, and after hearing, Your Lordships would be pleased to issue appropriate writs, orders, directions, directing the Opps to:

1. (a) Pay a compensation of 10 Million euros only, to the petitioner’s family, for consequences of the Union in delaying passport to the petitioner’s wife.

(b) Pay a further compensation of 5 Million euros only, to the petitioner’s family, for the departure of the petitioner’s two children from India with Indian documents but no Portuguese documents.

2. That this Hon’ble Court be pleased to:

(a) Take up and dispose of this writ application, on priority basis.

(b) Provide the petitioner’s family with safe exit from India.

(c) To provide for a complete solution to the petitioner’s family.

And for which act of your Lordships kind benevolence, the petitioner shall remain as in duty bound ever pray. ”

2. Mr. A.K. Hota, learned counsel for the petitioner strenuously urged before this Court that the petitioner had come to India in October, 1994 on tourist Visa issued in Denmark. In course of his stay, he entered into wedlock with one Gayatry Moharana, an Indian girl, native of Keonjhar in the State of Odisha. The marriage was solemnized under the authority of Guru Ananda Marga as per the Ananda Marga marriage system on 12.06.1995 at Bokaro Steel City, (Bihar) Jharkhand and also under the Hindu Marriage Act on 03.02.1996. The said marriage was registered with the Marriage Officer, Delhi. The petitioner and his wife had sought permission for marriage from the bride’s father, elder brother and other relatives, who did agree with the marriage. All persons involved were given to understand that the petitioner and his wife were going to Denmark after the marriage by Ananda Marga, but, subsequently, the bride’s family later on changed mind and refused to give Gayatry on marriage to the petitioner. As a result, Gayatry abandoned her home and married to the petitioner on 12.06.1995.

The wife of the petitioner after marriage applied for passport on or around 22.09.1995 and on 28.07.1997 at the pass port office, Bhubaneswar, but she was issued pass port only on 15.10.1998, after expiry of a long period of more than three years. For delay in considering to issue pass port by the passport authority, it destroyed the entire family set-up of the petitioner, giving rise to serious legal consequences. The Visa granted to the petitioner got expired. Consequentially, he faced a lot of difficulties to stay in India without any valid Visa/Passport. Though he had applied for the same, the pass port authority created immense difficulties for him. Therefore, he was under a psychological truma for all these period. However, under the PIO Card, he is staying in India. But, for the mental agony caused to the wife of the petitioner for delay in grant of passport, he has approached this Court with above mentioned relief.

3. Mr. A. Mohanty, learned Central Government Counsel raised question of maintainability of the writ petition at the instance of the petitioner and stated that for the self same relief, the wife of the petitioner filed a writ application bearing W.P.(C) No. 13498 of 2003 claiming compensation of rupees fifty crores for alleged inaction and delay by the Regional Pass-Port Officer in granting passport to her, as the spouse of a western national. It is further urged that the wife of the petitioner applied for issuance of passport before the Regional Pass Port Officer, Bhubaneswar, in which she did not disclose the fact of marriage and the name of her husband and described herself as Miss Gayatry Moharana, daughter of Bimbadhar Mohara