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23.01.2023

1.

This hearing has been done through hybrid mode.

2.

The Petitioner has filed the present petition seeking directions to the

Respondents to allow the petitioner to apply for a fresh passport through his

mother Ms Kritika Kaushik, as a single parent, before the Respondent No. 2

– the Embassy of United States of America, Consular Section.

3.

The Petitioner is a two years old minor child who is autistic and has

filed the present petition through his mother who is his guardian. The

Petitioner is stated to be a child who was born in the U.S. on 10^th March,

2020 when his parents were living there. In October, 2021 some matrimonial

issues arose between the Petitioner’s Parents. However, Respondent No.3 –

Petitioner’s father continues to work in USA, in the Government Employees

Insurance Company (GEICO).

4.

The case of the Petitioner is that since he was born in the U.S. and

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 28/01/2024 at 10:43:19

was issued an U.S. passport. However, the said passport was illegally taken

away by the Respondent No.3. When the Petitioner applied for a fresh

passport through his mother, the Respondent No. 2 refused to issue the

passport to the Petitioner without a consent from the Petitioner’s father i.e.

Respondent No.3, or a U.S. Court order permitting the single parent to apply

for the child’s passport or a Court order granting sole legal custody to the

mother/single parent. The operative part of the communication of the US

Embassy is as under:

“Since application was only signed by one parent/guardian,

it was required to submit one of the following:

• A notarized statement of consent including the child's full

name and date of birth and listing the non-applying

parent's/guardian's relationship to the minor, along with a

copy of front and back of a photo identification from the non-

applying parent/guardian authorizing passport issuance for

the child. Limited or qualified consent statements are not

acceptable. (The nonapplying parent may use the enclosed

DS-3053, Statement of Consent: Issuance of a us. Passport to

a Minor Under Age 16); or

• A court order specifically permitting the applying

parent/guardian to apply for the child's U.S. passport; or

• A court order granting sole legal custody to the applying

parent/guardian (unless the child's travel is restricted by that

order).

You were unable to submit any of the above listed documents.

Therefore a U.S, passport cannot be issued to Prakalp at this

time, and your son's application is denied. Vie will consider

any evidence you may provide in the future. However, you

will need to file a new application, submit all evidence and

pay the appropriate fees. By law, the passport execution and

application fees are non-refundable.”

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 28/01/2024 at 10:43:19

5.

The mother of the Petitioner is currently residing in Delhi and is

stated to be undertaking her studies in MBA in Boston. The Petitioner is

under the continuous care and supervision of his maternal grandparents

(nana and nani).

6.

The prayer is for direction to the Respondent No. 2 for issuance of a

fresh passport considering the unique facts and circumstances of this case.

7.

Accordingly, issue notice to Respondent No.3 through Respondent

No.1 at his e-mail address mentioned in the memo of parties. In addition,

today’s order be also communicated to Respondent No.3 at his parent

address at R/o 76-B, U.G.-2 Shakti Khand 2, Indirapuram, Ghaziabad by the

Respondent No.1.

8.

In the meantime, let a copy of this order be e-mailed to Respondent

No. 2 at acsnd@state.gov in order to enable it to give any assistance to this

Court, if it so chooses to do