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. It is contended that since the petitioner is divorced and is not aware of the whereabouts of her husband, she is unable to produce such consent. Despite completion of all other formalities, the passport/visa has not been issued, which according to the petitioner is arbitrary and unsustainable.

3. Following reliefs have been prayed by way of this petition:-

“10.1 That this Hon'ble Court may kindly be pleased to call the records of case from the respondents.

10.2 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities to issue passport/visa in the name of son of petitioner namely Akshat Chaturvedi, without submitting consent letter of husband of petitioner, forthwith.

10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given. ”

4. Learned counsel for the petitioner submits that the action of the respondent authorities in refusing to issue passport in the name of the minor son solely on the ground of non-production of the father’s consent is illegal, arbitrary, and unsustainable in law, being violative of Articles 14 and 21 of the Constitution of India. It is contended that the insistence on such consent, despite the peculiar facts of the case, is mechanical and without application of mind. It is further submitted that the marriage between the petitioner and her husband already stands dissolved by a judgment and decree dated 23.06.2022 passed under Section 13-B of the Hindu Marriage Act, 1955, and the minor child is residing with the petitioner. As per the said decree, the custody of the minor child has been granted to the petitioner (mother), while the father has only visitation rights, and it has been recorded that the father has no objection to the custody of the minor child remaining with the petitioner. Therefore, insistence on obtaining consent of the father is wholly unjustified. It is also submitted that there is no dispute regarding the custody of the minor child, and the petitioner, being the natural guardian having actual custody, is competent to apply for issuance of passport/visa. The petitioner is not aware of the present whereabouts of her former husband, making compliance of such requirement impossible and unreasonable.

5. Learned counsel further submits that the minor child had earlier been issued a passport valid for the period from 22.02.2017 to 21.02.2022, and therefore, denial of passport at this stage on technical grounds is arbitrary and discriminatory. It is submitted that the petitioner had applied online and was allotted an appointment dated 02.08.2023; however, her application was rejected solely on the ground of non-furnishing of father’s consent. It is fu