Order On Board

1. The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner calling in question the action of the respondent authorities in not issuing passport/visa in the name of the petitioner’s minor son, namely Akshat Chaturvedi, on the ground of non-submission of consent of the father. The petitioner has further sought a direction to the respondents to issue passport/visa in favour of the minor child without insisting upon such consent.

2. The case of the petitioner, in brief, is that the petitioner was married to Anjul Chaturvedi on 21.02.2015 and out of the said wedlock, a son namely Akshat Chaturvedi was born on 24.11.2015. It is submitted that the marriage between the petitioner and her husband has been dissolved by a decree of divorce dated 23.06.2022 and the custody of the minor child is with the petitioner. The petitioner had earlier obtained passport/visa for the child, which remained valid up to 21.02.2022. Thereafter, upon expiry of the said passport/visa, the petitioner applied for renewal/issuance of passport/visa for her minor son, however, the respondent authorities insisted upon submission of consent of the father