$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23^rd March, 2023 + W.P.(C) 800/2023 and CM APPL. 11129/2023 MASTER PRAKALP SHARMA ..... Petitioner Through: Mr. Sumit Bansal, Mr. Rajnish Gaur, Mr. Tushar Sahu & Ms. Divya Rana, Advs. (M: 7355051564)

versus UNION OF INDIA AND ORS. ..... Respondents Through: Mr Mukul Singh, CGSC with Mr Vedansh Anand, GP & Ms Ira Singh, (Adv) for R-1. (M: 9971359512)

Mr. U.K Sharma, Ms. Urmil Sharma for R- 3 (M-9810678496) with R-3 in person.

CORAM:

JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present petition has been filed by the Petitioner - Master Prakalp Sharma 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 born in the USA on 10^th March, 2020 when his parents were living there. In October, 2021 some matrimonial issues arose Signature Not Verified Digitally Signed W.P.(C) 800/2023 Page 1 of 6 between the Petitioner’s Parents.

4. Respondent No.3 – Mr. Sankalp Sharma who is the Petitioner’s father continues to work in USA, in the Government Employees Insurance Company (GEICO).

5. The case of the Petitioner is that he was born in the USA and was issued an American passport. However, the said passport was allegedly taken away by the Respondent No.3. When the Petitioner applied for a fresh passport through his mother, the Respondent No. 2 – U.S. Embassy, refused to issue the passport to the Petitioner without consent from the Petitioner’s father – Respondent no.3, or a US 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 dated 26^th July 2022 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).

Signature Not Verified Digitally Signed W.P.(C) 800/2023 Page 2 of 6 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.”

6. The mother of the Petitioner is currently residing in Delhi and is intending to undertake her studies in MBA in Boston, USA. The Petitioner is under the continuous care and supervision of his maternal grandparents (nana and nani).

7. 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.

8. In the present petition, on 23^rd January, 2023 notice was issued to the Respondent No.3 at his parental address at Ghaziabad. However, none appeared on the next date of hearing i.e. on 23^rd Febru