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HIGH COURT OF JUDICATURE AT ALLAHABAD
AJIT KUMAR, SWARUPAMA CHATURVEDI
Poem Jaiswar – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. right to passport is essential for minors. (Para 2 , 3 , 4) |
| 2. parental disputes should not restrict minor’s rights. (Para 5 , 6 , 12) |
| 3. pending applications must adhere to principles of fairness. (Para 7 , 11 , 13) |
| 4. passport issuance must follow statutory guidelines. (Para 16 , 18 , 19) |
| 5. court mandates processing of passport without delay. (Para 26 , 27) |
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 Offic
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.
Administrative guidelines cannot override statutory rules in the process of issuing passports to minors.
The Passport Manual cannot run counter to the Passports Act and Rules. The pendency of a divorce case does not prevent the issuance of a passport to a minor.
The right to travel abroad is a fundamental right under Article 21 of the Constitution, and cannot be denied without justifiable grounds, especially in cases of parental disputes.
The right to travel abroad is a fundamental right under Article 21 of the Constitution, and cannot be denied arbitrarily, especially in light of ongoing matrimonial disputes.
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