Back
2024 Supreme(Online)(KAR) 19484
HIGH COURT OF KARNATAKA
MR. JUSTICE M.NAGAPRASANNA, J
MANHA FARAZ – Appellant
Versus
UNION OF INDIA – Respondent
WP 8314/2024
SRI HALEEMA AMEEN, SRI SHANTHI BHUSHAN H.
Custodial parents can apply for a minor's passport without the non-custodial parent's consent under the Passports Act, provided necessary documentation is submitted.
Headnote:(A) Passports Act, 1967 - Section 24 - Passport Rules, 1980 - Issuance of passport to minor - The petitioner, a minor child, was denied a passport due to the absence of father's details in the application. The court found that the application was improperly denied based on the Passport Manual, which contradicts the statutory requirements outlined in the Rules. The court emphasized that the Rules take precedence and require only a declaration from the custodial parent when the other parent's consent is unattainable. (Paras 9, 10, 12, 19)
(B) Legal principles regarding issuance of passports to minors - The court reaffirmed that in cases of divorce or separation, the custodial parent can apply for a minor's passport without the non-custodial parent's consent, provided appropriate documentation is submitted. (Paras 10, 18)
(C) Findings regarding the application process - The court directed the Passport Authorities to issue the passport within seven days, recognizing the need for timely processing in light of the child's travel plans. (Paras 14, 15)
Facts of the case:
The petitioner, a seven-year-old child, was denied a passport renewal by the authorities due to the absence of the father's details in the application. The mother, as the custodial parent, sought a writ of mandamus to compel the issuance of the passport.
Findings of Court:
The court found the denial of the passport to be illegal and contrary to the established Rules and previous judgments, ordering the issuance of the passport within a specified timeframe.
Issues: The primary issue was whether the denial of the minor's passport was justified given the lack of the father's consent and the ongoing custody dispute.
Ratio Decidendi: The court ruled that the statutory Rules governing passport issuance for minors allow a custodial parent to apply without the non-custodial parent's consent, provided the required declaration is submitted.
Result: Writ petition allowed; mandamus issued for passport issuance.
The petitioner is before this Court seeking the following prayers;
- "a) Issue a writ of mandamus or any other appropriate order, to issue renewed passport on the application of the petitioner as against Annexure A, shown in the website of office of the Respondent, in respect of file No.BN1076173940524, on the passport renewal application filed by the petitioner, through her 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. The petitioner is a child aged 7 years of two warring parents. The custody of the child is with the mother. The mother holds a Passport. The child is denied the Passport on the score that the details of his father are not printed in the application.
3. Learned counsel for the petitioner submits that the issue in this petition has been answered by the judgment of this Court in S Nancy Nithya vs. The Government of India and another1. This Court in the said case 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 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:
1 W.P.No.22378 of 2022 “(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 one parent is resident abroad, a Sworn affidavit by the parent resident abroad attested by the Indian Mission along with affidavit from parent residing in India as well be submitted.”
- (Emphasis supplied) In case, the parents are applying for issuance of minor’s passport, a declaration from the parents/single parent/applicant parent/ legal guardians as the case would be, should be furnished about the minor child in terms of Annexure-H for minor applicants. Annexure-C for single parents, who are separated but not formally divorced/single parent of the child, born from the wedlock. Single parents applying for passport for their child Annexures-C or G, as the case would be have to be filled up. Table-2 appended to the aforesaid schedule deals with list of applicant categories and documents to be submitted. Case No.B (9) therein deals with parents separated but not divorced. Clause (11) of
