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2016 Supreme(P&H) 1289
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAKESH KUMAR JAIN, J.
Prerna Katia - Petitioner
Versus
Regional Passport Office Chandigarh and another - Respondents
CWP No.26805 of 2015
Decided on : 05-08-2016
Advocate Appeared:
For the Petitioner:Mr. Pankaj Katia, Advocate
For the Respondent:Mr. Puneet Gupta, Advocate
Legal disownment of a child through a settlement and the applicability of passport provisions in cases of divorce.
Headnote:
Passport - Correction of Surname and Deletion of Father's Name - Paragraph 4.5 of Passport Manual, 2010 - Supreme Court and Delhi High Court Judgments
Fact of the Case:
The petitioner sought correction of her daughter's surname and deletion of her ex-husband's name from the daughter's passport after a divorce settlement.
Finding of the Court:
The court found that the husband had legally disowned the daughter through the settlement, and the provisions of Paragraph 4.5 supported the petitioner's case. The court also relied on judgments of the Supreme Court and Delhi High Court to support the petitioner's position.
Issues: Correction of daughter's surname and deletion of father's name from passport based on divorce settlement and provisions of Paragraph 4.5.
Ratio Decidendi: The husband's legal disownment of the daughter through the settlement and the provisions of Paragraph 4.5 supported the correction of the daughter's surname and deletion of the father's name from the passport.
Final Decision: The petition was allowed, and the respondents were directed to correct the daughter's surname to Addvita Katia and delete the father's name from her passport.
Rakesh Kumar Jain, J.
1. The petitioner Prerna Katia was married to Dhruv Garg S/o Rajesh Garg on 10.12.2006. They were blessed with a daughter, namely, Addvita, on 03.11.2009. Addvita was holding a passport No.L7104536 issued on 13.02.2014 in the name of Addvita Garg. The petitioner and her husband were having matrimonial disputes, which resulted into divorce based upon the settlement dated 19.05.2015, arrived at during mediation proceedings in this Court. Husband of the petitioner consented to pay a sum of Rs.1 Crore towards full and final maintenance/alimony to the petitioner and minor Addvita and in return, the petitioner agreed to withdraw all the cases filed against her husband. Both the parties also agreed not to file any other case against each other in respect of their matrimonial disputes. Husband of the petitioner also consented to waive off his visiting rights to his minor daughter whose custody was given to the petitioner and it was specifically agreed that Addvita Garg shall be known as Addvita Katia daughter of Prerna Katia instead of Addvita Garg D/o Dhruv Garg. The said settlement has been made part of the order passed by the Division Bench of this Court on 30.07.2015 in FAO No.M-434 of 2014 and permission was granted to the petitioner to withdraw her appeal.
2. After her divorce, the petitioner has become a single parent of her minor daughter. The petitioner moved an application on 13.08.2015 to the respondents for the purpose of seeking correction of sur-name and deletion of father's name of Addvita from her passport. Since the respondents were not reacting to her request, therefore, the present petition has been filed, seeking a direction to the respondents to correct sur-name of her daughter from Addvita Garg to Addvita Katia and also for deletion of the name of her ex-husband from the passport of her daughter.
3. After notice, the respondents have filed reply in which it is averred that request of the petitioner was referred to the Ministry of External Affairs, New Delhi and were advised vide its letter dated 30.09.2015 to process her case in terms of the provisions of Paragraph 4.5 of Chapter 8 of the Passport Manual, 2010 (hereinafter referred to as the “Paragraph 4.5”), which is reproduced as under:-
“IV. Parent name not to be deleted from passport consequent to Divorce:
Paragraph 4.5- Request for deletion of parent name from passport due to parents' divorce should not be accepted. By virtue of the divorce decree, only the relation as wife and husband severs. The divorce decree does not result in severance of the relation between the child and the parent, unless the parent has legally disowned the child.”
4. Counsel for the petitioner has submitted that after the divorce on the basis of a settlement between the parties, in which they have also agreed that the daughter of the petitioner shall retain sur-name of her mother instead of the sur-name of her father, the provisions of Paragraph 4.5 is not at all applicable and in this regard, reliance has been placed upon a decision of the Supreme Court in the case of ABC vs. The State (NCT of Delhi), 2015(3) R.C.R. (Civil) 766 and a judgment of the Delhi High Court in the case of Shalu Nigam and another vs. The Regional Passport Officer and another, W.P.(C) No.155 of 2016, decided on 17.05.2016.
5. I have heard learned counsel for the parties and perused the available record with their able assistance.
6. There is no dispute that the petitioner has parted ways with her husband by way of a judicial order of divorce, based upon a settlement, in which she had already received the entire amount of maintenance/alimony and custody of her minor daughter. It has also been agreed between the parties that the daughter of the petitioner shall retain her mother's sur-name and may be called in future as Addvita Katia instead of Addvita Garg. The only concern shown by the respondents is on the basis of the provision of Paragraph 4.5 in which it is provided that the delet
