IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 16620 of 2025 ==========================================================

NIKULKUMAR VASUDEV PATEL Versus REGIONAL PASSPORT OFFICER ==========================================================

Appearance:

MR KAIVAN K PATEL(6338) for the Petitioner(s) No. 1 MR PRADIP D BHATE(1523) for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 13/01/2026

ORAL ORDER

1. By way of the present writ-application, the writ applicant has prayed for the following reliefs:-

“A. Your Lordships be pleased to issue writ of mandamus and/or any other appropriate writ, order or direction directing the respondent authority to issue passport in favour of the daughter of the petitioner viz. Pihu.

B. Your Lordships be pleased to grant such other and further relief in the facts and circumstances of the case may require.”

2. Mr. Kaivan K. Patel, learned counsel appearing for the writ- applicant submitted that the writ-applicant is seeking issuance of passport of daughter as single parent since the wife of the petitioner has left the matrimonial home and she does not wish to stay with the petitioner.

3. Mr. Patel, learned counsel submits that it would not be possible to secure the consent of the mother for issuance of passport of his daughter. In absence of consent, in accordance with Rule-4(A)(3)(a) of the Schedule-III of Passport Rules, 1980, the single parent can apply for passport of child. The relevant provision of Section Rule-4(A)(3)(a) of the Schedule-III of Passport Rules, 1980, reads thus:

“Section 4(A)(3) When applying for a minor's passport attach: (a) A Declaration from the parents/single parent/applicant parent/legal guardians, as the case may be, affirming the particulars furnished in the application about the minor child as per ANNEXURE "H" (for all minor applicants), ANNEXURE "C" (Single parents who are separated but not formally divorced/Single parent of the child born out of wedlock), ANNEXURE "G" (when passport is being applied for by single parent or legal guardian), ANNEXURE "I".

(when a minor between 15-18 years of age applies for a full validity 10 year passport OR in case either parents who do not hold valid Indian passport while applying passport for their minor child), as the case may be. Single Parents applying for the passport for their child should fill up ANNEXURE "C" and/or ANNEXURE "G", as the case may be.”

4. Heard the learned counsel appearing for the respective parties. Section 4(3) of the Schedule-II of the Passport Rules, 1980 provides that a single parent, who is separated, but not formally divorced, is also eligible to endorse consent to prefer an application and get a passport and apparently by way of abundant caution that the authority has indicated that the passport could not be granted unless there is consent of the mother or if there was a Court order. The writ-applicant being the father and legal guardian of daughter applied for issuance of passport of her daughter being application No.25-0006159520 (produced at Annexure-’C’ to the petition) and the custody of the minor daughter is exclusively with the writ applicant. The submission put-forth by the learned counsel for the writ-applicant requires consideration. Accordingly, this Court is inclined to direct the respondent authorities to consider the application preferred by the writ-applicant dated 01.05.2025 duly produced by the writ-applicant at Annexure-C to the petition as a single parent and issue passport to the minor daughter Pihu of the writ-applicant, as expeditiously as possible, preferably within a period of EIGHT WEEKS from the date of the receipt of the copy of the order.

5. In view of above, the present writ-application stands ALLOWED to the aforesaid extent.

(ANIRUDDHA P. MAYEE, J.)

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