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के(cid:7008)(cid:7076)ीय सूचना आयोग

Central Information Commission

बाबा गंगनाथ माग(cid:6981),मुिनरका

Baba Gangnath Marg, Munirka

नई (cid:7408)द(cid:7016)ली, New Delhi – 110067

ि(cid:554)तीय अपील संূा / Second Appeal No. CIC/CPVEX/A/2024/645055

Parul Nahar … अपीलकता१/Appellant

VERSUS

बनाम

CPIO

Regional Passport Office

Kota, Rajasthan

…(cid:7079)ितवादीगण/Respondent

Relevant dates emerging from the appeal:

RTI : 23.08.2024 FA : 12.09.2024 SA : 10.10.2024

CPIO : 12.09.2024 FAO : 07.10.2024 Hearing : 05.05.2026

Date of Decision: 05.05.2026

CORAM

Chief Information Commissioner: RAJ KUMAR GOYAL

O R D E R

1. The Appellant filed an RTI application dated 23.08.2024, before the CPIO, MEA -

Consular, Passport & Visa Division (CPV), seeking information as under:

“I have applied for the passport reissue of my minor daughter via File No.

KT2076324582924 on 4th March 2024.

Annex C was submitted along with the application since custody of my minor

daughter is with me as the biological mother and the biological father (who has visitation

rights) is refusing to give the consent. The divorce was with mutual consent.

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However, still there is a sole objection letter issued with Reference No.

OBJ/317710363/24 dated 19 Apr 2024 asking to submit the consent of biological father

and the passport has not been issued till date. There is no other objection raised or

additional document requested.

I request the Passport Office to please review the application and advise:

1. Why passport is not being issued as per provisions of Annex C Paragraph II (b)

and Paragraph III which specifically applies when legal custody of the minor daughter is

with the mother who is applying for the passport and father (with visitation rights) is

wilfully not giving the consent.

2. As per Chapter 4/Section 4.4 of the passport guideline manual available on the

department website, children also have a fundamental right to travel and the other parent

cannot willfully prevent them from travelling abroad. Pls advise why this fundamental

right is being ignored while reviewing the passport application of my minor daughter.

3. Further, as per Chapter 4/Section 4.5 of the manual, where one of the parent

willfully refuses to give consent and thus denying the fundamental right of the children to

travel, passport may be issued to the child after receipt of affidavit in the form of Annex C

obtained from the parent having the custody of the child. Pls advise why this provision is

not being applied for my daughter passport application.

I further state that custody of my daughter is with me and issuance of a passport to

her is for her future education abroad and for her best welfare, visitation rights of the

father are not affected in any way by grant of a passport to my daughter.

I, as the mother of the child, is running pillar to post to get the passport issued,

while the father who himself stays out of India is willfully preventing the issuance of the

passport.

I sincerely request the passport department again to please process the passport

application of my daughter as soon as possible.”

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2. The CPIO replied to the RTI Application on 12.09.2024, as under:

“Passport application KT2076324582924 of your daughter Vanisha Nainawatee is

under process. Response of objection letter OBJ/317710363/24 is awaited. You can take

appointment for enquiry at RPO Kota for further query.”

3. Dissatisfied with the reply of the CPIO, the Appellant filed a First Appeal on

12.09.2024. The FAA vide order dated 07.10.2024 held as under:

“Passport application KT2076324582924 of your daughter Vanisha Nainawatee is

under process. Response of objection letter OBJ/317710363/24 is awaited. Divorce paper

has been rechecked and hence father's consent on Annexure D is mandatory.”

4. Aggrieved with the FAA’s order, the Appellant approached the Commission with

the instant Second Appeal on 10.10.2024, inter alia stating as under:

“I request the re