IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 4920 of 2026 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ================================================================

Approved for Reporting Yes No ================================================================

JAYDEV CHHAGANBHAI ARDESHANA Versus REGIONAL PASSPORT AUTHORITY ================================================================

Appearance:

MR. JAY M THAKKAR(6677) for the Petitioner(s) No. 1 MR PRADIP D BHATE(1523) for the Respondent(s) No. 1 ================================================================

CORAM:HONOURABLE MR. JUSTICE HEMANT M.

PRACHCHHAK Date : 17/04/2026

JUDGMENT

1. RULE returnable forthwith. Learned counsel Mr. Pradip Bhate, waives serves of notice of Rule for and on behalf of the respondent.

2. With the consent of the learned counsels for the parties, the matter is taken up for final hearing and disposal.

3. By way of the present petition under Article 226 of the Constitution of India read with the provisions of the Passport Act and Rules framed thereunder, petitioner has prayed for the following reliefs :

“7.1 THIS HON’BLE COURT may be pleased to admit and alow the present petition;

7.2 THIS HON’BLE COURT may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondent authority to forthwith process and issue/re-issue passports of the minor children of the Petitioner without insisting upon consent of the other parent, in the interest of justice;

7.3 Pending admission, hearing and final disposal of the present petition, THIS HON’BLE COURT may be pleased to grant ad-interim relief in terms of paragraph no.7.2 of this petition, in the interest of justice;

7.4 Grant such other and further reliefs as may be deemed fit in the interest of justice.”

4. Mr. Jay M. Thakkar, learned counsel appearing for the petitioner has submitted that the petitioner is seeking re-issuance of passport of minor children namely, Dhyey Jaydev Ardeshana (born on 11.10.2013) and Vivaan Jaydev Ardeshana (born on 26.08.2016), as a single parent, since the wife is residing separately at her parental home at Hyderabad since 2020, and there are serious disputes between the petitioner and his wife.

5. Mr. Thakkar, learned counsel has submitted that it would not be possible to secure the consent of wife of the petitioner for renewal of passport of his minor children. 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 minor 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.”

6. Having 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 it apparently by way of abundant caution that the authority has indicated that the passport could not be granted unless there is consent