22002244::BBHHCC--GGOOAA::11440099--DDBB WP-135-2024.DOC Suchitra IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.135/2024 MISS CHRISELLA VALANKA KUSHI RAJ NAIDU, Minor, 16 years of age, Indian national, Resident of H.No. 1392, Mazilvaddo, Benaulim, Salcete, South Goa, Goa, Currently residing at; 38, Parklands Court, Great West Road, Hunslow, United Kingdom, TW59AU, hrough her Natural Guardian/Mother, Ms. Cony Fernandes, 45 years. … PETITIONER Versus

1. THE MINISTRY OF EXTERNAL AFFAIRS, Government of India, hrough the Secretary, South Block, New Delhi.

2. THE HIGH COMMISSION OF INDIA, PASSPORT & CONSULAR WING, India House, Aldwych, London, WC2B4NA, United Kingdom.

3. THE REGIONAL PASSPORT OFFICER, Passport Seva Kendra, Passport Bhavan, EDC Complex, …

RESPONDENTS Patto, Panaji - Goa.

Mr Abhijeet Kamat, Advocate for the Petitioner.

Mr Raviraj Chodankar, Central Government Standing Counsel for Union of India.

CORAM: M. S. KARNIK &

VALMIKI MENEZES, JJ.

Reserved on: 23^rd AUGUST 2024 Pronounced on: 28^th AUGUST 2024 JUDGMENT: (Per M. S. Karnik, J.)

1. Heard Mr Abhijeet Kamat for the petitioner and Mr Raviraj Chodankar, learned Standing Counsel for Central Government.

2. Rule. Rule is made returnable forthwith. With the consent of the parties the petition is heard and inally disposed of at the stage of admission.

3. Invoking the jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner prays for quashing the decision of the respondent no.2 communicated by letter dated 05.08.2020 holding that the petitioner is not eligible for a passport. he facts of the case in brief are as under.

4. he petitioner is a minor child aged about 16 years. his petition is iled through her natural guardian/mother. By the order of the Civil Court the mother has been granted permanent custody of the petitioner until she attains majority. he respondents held that the petitioner is not eligible for the Indian passport since she is “single parent minor child and the physical custody is with the parent who is a foreign national” and therefore not eligible for an Indian passport.

5. he petitioner was born on 27.10.2007 in Margao, Goa, India. he parents of the petitioner were both Indian citizens at the time of their marriage in Goa in the year 2007. he marriage was duly registered in the oice of the Civil Registrar at Margao Goa. In 2010, when the petitioner was barely three years old, her father abandoned the petitioner and her mother. Petitioner’s mother iled for divorce. By Judgment and Order dated 03.01.2019 passed in Marriage Petition No.147/2016/II, the Second Additional Civil Judge, Senior Division at Margao granted dissolution of marriage.

6. he petitioner applied for and was issued Indian passport bearing No.M4016366 by the respondent no.3. he said passport was issued on 03.12.2014 and was valid upto 02.12.2019. he petitioner was also issued an Aadhar Card. In 2014, petitioner’s mother in order to provide for the petitioner and herself and since she was getting employment opportunities abroad, applied for registration of petitioner’s mother’s birth in Portugal. he birth of petitioner’s mother came to be registered in the Register of Births in Portugal on 10.02.2015 and as per the existing law, the petitioner’s mother acquired Portuguese citizenship and thereafter obtained Portuguese passport. Petitioner’s mother is also registered as an Overseas Citizen of India and has been issued a Certiicate of Registration as an Overseas Citizen of India.

7. he petitioner travelled on the Indian passport to the United Kingdom with her mother when her mother took up employment. he petitioner was admitted in a school in the United Kingdom for continuing her studies. he petitioner was issued a Residence Card by the Government of United Kingdom, being a family member of a Union Citizen. he Residence Card mentioned that the nationality of the petitioner was Indian. he Residence Card was issued in the year 2017 and was valid till the year 2022. Subsequ