The petitioner is before this Court seeking the following

prayer.

"WHEREFORE, it is prayed that this Hon'ble pleased to:

Court be

a) Issue a writ of mandamus or any other appropriate

order, on the application of the petitioner for renewed

passport as against ANNEXURE A shown the website of

office of the Respondent directing passport authority to

issue passport to the petitioner in respect of File

No.BN4075365911323, on the passport application

filed by the petitioner, through his mother as natural

guardian,

b) Issue such other relief/s as is deemed fit to grant in

favour of the petitioner by this Hon'ble Court in view of

the facts and circumstances of the cases, in the interest

of justice."

2.

Heard Smt. Haleema Ameen, learned counsel

appearing for the petitioner and Sri. A.C. Chethan, learned

counsel appearing for the respondent.

3.

The aforesaid prayer is sought seeking re-issuance

of the passport of minor child, whose custody is with the

mother. The passport is denied to be re-issued in favour of the

minor son through the petitioner on the score that the

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husband-father has not signed the documents that are

necessary for re-issuance of the passport.

4.

The petitioner is the wife of one Sri.Ifamuddin, who

were before the Family Court in O.S.No.27/2021 and pursuant

to the proceedings instituted by them, they have parted ways

by rendering a Khulanama and the custody of the child is with

the mother. The mother then files an application for re-

issuance of the passport before the respondent, who appears to

have declined it on the aforesaid reasons.

5.

The learned counsel for the petitioner submits that

the issue in the lis stands answered by the judgment rendered

by

this

Court

in

the

W.P.No.22378/2022

disposed

on

15.12.2022 and in some more identical circumstances where

passport was denied to be re-issued on the score that the

husband had not signed the necessary documents for re-

issuance of passport. This Court has held as follows:

"8.

The afore-narrated facts are not in dispute.

The issue in the case at hand is, ‘whether the 2nd

respondent was right in denying issuance/re-

issuance of passport to the minor’.

9.

To consider the issue, it is germane to notice

the statutory frame work with regard to issuance of

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passport to a minor. Section 24 of the Passports Act,

1967 (‘the Act’ for short) empowers the Central

Government to make Rules for carrying out the purposes

of the Act. In terms of the said power, the Passports

Rules, 1980 (‘the Rules’ for short) are made. The Rules

have certain division amongst them with regard to

issuance of passport. Certain schedules are appended to

the Rules with regard to necessary documents to be

submitted, by an applicant seeking a passport under

various schemes. Section IV of Schedule III of the Rules,

deals with documents to be appended for issuance of

fresh passports. Clause 3 of Section IV(A) of the Rules

deals with application for a minor’s passport and reads as

follows:

“(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.

(b)

Attested photocopy of passport, if any, of

both parents, if applicable.

(c)

Original passports of parents should be

presented for verification of particulars.

(d)

If