IMPORTANT POINT
Welfare of minor child is paramount in event of matrimonial discord between parents.

ORDER

Prathiba M. Singh, J.—This hearing has been done through video conferencing.

2. The present petition has been filed by Mr. Harkesh Kumar Dang, the father of the child namely Vivaan Dang, husband of Respondent No.3 - Tamanna Dang, with a prayer that the child, who is a minor, should not be issued a fresh passport by Respondent No.2 - Regional passport office, without the consent of the Petitioner.

3. The case of the Petitioner is that the son- Vivaan Dang, is in the custody of his wife i.e. Respondent No.3, Ms. Tamanna Dang and child custody proceedings are going on in the court of the Presiding Officer, Family Court, Gautam Budh Nagar, Noida. According to the Petitioner, Respondent No. 3 has applied for a fresh passport for the child based on wrong facts and incorrect documents and data. Accordingly, this petition prays for restraining the issuance of a fresh passport by the passport authorities as the apprehension of the Petitioner is that if a fresh passport is issued, Respondent No.3 may take the child out of the jurisdiction of this Court i.e. to Germany, in spite of there only being a “stop-gap” arrangement of custody in favour of the Respondent No. 3.

4. The reliefs sought for in this petition are as under:

“(a) Issue a writ of mandamus, or any other appropriate writ, order or a direction, restraining the concerned Regional Passport Officer, Delhi, form issuing/reissuing the passport of ‘VD’ the minor son of the Petitioner, applied on 01.02.2021 by Respondent No. 3 Tamanna Dang, vide File Number DL1075176530621, without written approval and consent of the Petitioner.

(b) Revoke/Suspend the said passport, if already approved and issued in the interim.

(c) Restrain Respondent No. 3 from taking the minor child out of India, till adjudication of child custody proceedings, or till such appropriate further orders.

(d) Pass any such other or further order/s or direction/s, as this Hon’ble Court shall deem fit and proper in the facts and circumstances of the case, and in the interest of Justice.”

5. On the last date, i.e., 23rd April 2021, this court had directed the passport office to file a status report in respect of the status of the issuance of the fresh passport for Vihaan Dang, and restrained its issuance without the permission of this court.

6. The case of Respondent No.3 is that there was an order by a Court in Germany, giving shared custody of the child to both the parents who were located in Germany. In violation of the said order, the child was brought to India, and thereafter the custody of the child has been handed over to the mother.

7. Today, the passport office has filed an affidavit on record informing the Court that the Respondent No.3 had applied for the child’s fresh passport in the ‘Lost’ Category and had filed a declaration in respect of the lost/ damaged category. Thereafter, the father had complained to the passport office that the said passport was sought to be procured on the basis of false information being furnished by Respondent No. 3. The passport office had also got a police verification done and the said police verification report was “Adverse” towards the Respondent No. 3. The remark on the police verification report was that “the Applicants mother has given address of her maternal uncle where, as per local enquiry she is not residing. Moreover, a case FIR No. 67/2l dated 03.02.2021 u/s 294 IPC and 11/12 POCSO Act 2012 has been registered against the applicant’s mother on the complaint of father of the applicant.” Accordingly, as on date, the status report states that the passport of the child - Vivan Dang, is not being processed by the passport office, and the same is stated to have been put in the ‘Stop’ category.

8. Ld. Counsels appearing for the parties have informed the Court that there are at least 8-10 proceedings qua matrimonial issues, which are pending between the parties.

9. It is made clear that this Court is not dealing with the matrimonial disputes between the parties