$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 19^th April, 2023 + W.P.(C) 1408/2023 & CM APPL. 5246/2023 SMITA MAAN AND ANR. ..... Petitioner Through: Ms. Smita Maan, present in person.

versus REGIONAL PASSPORT OFFICER ..... Respondent Through: Mr Rakesh Kumar, CGSC with Mr.

Sunil,Mr. Giriraj Shrama and Mr.

Prince Roshan, Advocates.

Ms Mehak Nakra, ASC (GNCTD)

with Mr. Abhishek Khari, Advocate.

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 Petitioner No. 1/Ms. Smita Maan and her minor son - Vedant Singh Maan/Petitioner No. 2 seeking the deletion of the name of the father of the minor child/Petitioner No. 2 from his existing passport or in the alternative, the Petitioner seeks re-issuance of a fresh passport to the minor child/Petitioner No. 2 without mentioning the name of the father therein.

3. The Petitioner No.1 was married on 9th December, 2012 and conceived a child/Petitioner no. 2 from the said wedlock. However, the case of the Petitioner No. 1 is that the husband had deserted her during the pregnancy itself i.e., with effect from 19th August, 2013. The Petitioner No.2/minor son was thereafter born on 19th March, 2014 and since then has Signature Not Verified Digitally Signed W.P.(C) 1408/2023 Page 1 of 22 been raised by Petitioner No. 1 as a single parent. In terms of the extant Passport Manual and Regulations, in 2015, Petitioner No. 1 had applied for a passport for Petitioner no. 2/minor son which was issued to him on 23rd September 2015 bearing no. N3138881. In the said passport, the names of both the biological father and mother of the minor child were mentioned.

The said passport expired on 22nd September, 2020.

4. In the meantime, the Petitioner No.1 and her then husband had entered into a settlement dated 6th February, 2019, in which the following terms and conditions were agreed upon-

“4. It is agreed between the parties that the petitioner (Husband) shall pay lump sum consideration of Rs. Nil (Nil) to the respondent(wife) as full and final settlement (against the child maintenance towards past present and future, and petitioner’s past present and future maintenance, permanent alimony, stridhan etc.)

under the following manner in (NIL) installment a. That petitioner/respondent (husband/wife) will pay a sum of Rs. Nil (nil). In form of demand draft to the petitioner/respondent (husband/wife) at the time of recording of statement of both the parties before the Hon’ble family courts under the first motion proceedings.

b. That the petitioner/respondent(Husband/wife) shall pay Rs. Nil (Nil) to the petitioner/respondent(Husband/wife) at the time of recording of statements of both the parties before the Hon’ble family court on under the second motion proceedings as full and final settlement amount in the form of Demand Draft. Second Motion Petition shall be filed by both the Parties within 15 days of expiry of mandatory cooling period of Six months after completion of First Motion or both. The Parties shall file an Application for waiving of mandatory cooling Signature Not Verified Digitally Signed W.P.(C) 1408/2023 Page 2 of 22 period after First Motion.

c. It is further agreed between the parties that the petitioner/respondent(Husband/wife) shall pay Rs. Nil (Nil) to the petitioner/respondent(Husband/wife) at the time of quashing of FIR No. 462/18 U/S 498A, 406, 34 IPC, P.S. Vasant Kunj North in Hon’ble Delhi High Court within 30 days after second motion and petitioner/respondent (Husband/Wife) shall cooperate and sign all the necessary affidavits and do the needful in quashing of said FIR.

5. It is agreed between the parties that the petitioner/respondent (Husband/wife) will not have any right, title, interest, claim etc. whatsoever over in the properties of petitioner/respondent (Husband/wife) after the completion of the present compromise agreement.

xxx xxx xxx

10. It is agreed between the parties that the