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.

JUDGMENT :

Swarupama Chaturvedi J.

1. Heard Shri Gaurav Pandey, Advocate holding brief of Shri Rajesh Kumar, learned counsel for the petitioner and Shri Sanjay Dwivedi, learned Standing Counsel for the State-respondents.

2. By means of the present petition filed under Article 226 of the Constitution of India, the petitioner, a minor girl of two years, represented by her mother, seeks issuance of a writ, order or direction in the nature of mandamus commanding respondent no.2 to issue a passport in her favour.

3. Learned counsel for the petitioner submits that since the petitioner is a minor, she applied for issuance of a passport through her mother on 17.01.2025, which was registered on 27.01.2025 and allotted Passport Application No. LK3060650744225. He further submits that the application was filed before the Office of the Regional Passport Officer, Lucknow after completion of all formalities required under the PASSPORT ACT , 1967 and the rules framed thereunder and yet no decision is passed on her application.

4. Learned counsel further submits that matrimonial disputes have arisen between the parents of the petitioner leading to the FIR being lodged by the mother against father of the petitioner and his family members, being Case Crime No. 0042 of 2024, under Sections 498-A, 323, 504, 506, 406 IPC and Sections 3 /4 of the Dowry Prohibition Act, at Police Station Mahila Thana, District Jaunpur. Learned counsel for the petitioner further submits that solely due to the pendency of the aforesaid criminal case between her parents, the concerned passport authority has orally declined to proceed with issuance of the passport.

5. Learned counsel representing petitioner further contends that due to the ongoing matrimonial dispute, the father of the petitioner is not cooperating and is unwilling to grant consent for issuance of the passport. The petitioner asserts that such non-cooperation on the part of the father cannot be acceptable reason to violate the rights of a minor child, which is guaranteed under Article 21 of the Constitution of India.

6. Learned counsel further submits that the right to obtain a passport is an integral part of the right to personal liberty guaranteed under Article 21 of the Constitution of India, and the same cannot be curtailed for the minor due to dispute in between parents. He further submits that despite repeated follow up with the office of respondent no.2, no decision has been taken on the passport application, and such continued pendency of the application is in violation of the provisions of the PASSPORT ACT , 1967 and against the settled principles of administrative law.

7. Having considered the pleadings on record and the submissions advanced by learned counsel for the petitioner, the principal issue which arises for consideration by this Court is whether the passport application of a minor child can be kept pending merely on account of matrimonial or criminal disputes between her parents.

8. During the pendency of the present petition, this court, by order dated 10.04.2025, after hearing the parties, directed the learned counsel representing respondents to obtain written instructions explaining the reasons for non-issuance of the passport, or otherwise to place instructions regarding issuance of the passport in favour of the petitioner.

9. Pursuant to the order dated 10.04.2025, learned counsel appearing for the respondent authorities, on the basis of written instructions, submits that a letter was sent to the petitioner by the Assistant Passport Officer/Senior Superintendent on 22.04.2025. A copy of the letter has been placed on r