IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 9615 OF 2022 (GM-PASS)

BETWEEN:

1. SMT SHWETHA MAHADEV PRASAD W/O NATARAJ S AGED 36 YEARS R/A NO 239, 5TH MAIN ROAD ASHWAMEDH COLONY BOGADI, MYSURU 570026 …PETITIONER (BY SRI. PRINCE ISAC,ADVOCATE)

AND:

1. UNION OF INDIA Digitally signed by BY ITS SECRETARY ARUNKUMAR M S Location: HIGH MINISTRY OF EXTERNAL AFFAIRS COURT OF

23D D JANATHP ROAD KARNATAKA RAJPATH AREA CENTRAL SECRETARTIAT NEW DELHI 110001

2. OFFICE OF THE CHIEF PASSPORT OFFICER (CPO)

PSP DIVISON MINSITRY OF EXTERNLA AFFAIRS ROOM NO 8, PATIALA HOUSE TILAK MARG, NEW DELHI 110001

3. REGIONAL PASSPORT OFFICE

8TH BLOCK, 80 FEET ROAD KORAMANGALA BENGALURU 560095 …RESPONDENTS (BY SRI. KUMAR M N.,CGSC )

THIS WP UNDER ARTICLES 226 AND 227 OF THE COSNTITUTION OF INDIA IS FILED PRAYING TO DIRECT THE RESPONDENTS TO PROCESS THE PASSPORT APPLICATIONS APPLIED AS PER ANNEXURE-A AND ISSUE THE PASSPORT FORTHWITH IN TERMS OF ANNEXURE-G GUIDELINES/INSTRUCTIONS AND DIN CONSIDERATION OF ANNEXURE-C OF THE GUIDELINES OF THE PASSPORT APPLICATION.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

Heard the learned counsel appearing for the parties.

2. In this writ petition, the petitioner has sought for a direction to the respondents to process the passport application applied by the petitioner as per Annexure-A in terms of the guidelines at Annexure-G to the writ petition.

3. Having taken note of the submission made by the learned counsel appearing for the parties, the petitioner has sought for issuance of passport in respect of her minor son who is six years old as per the application at Annexure-C to the writ petition.

4. In this regard, it is also not in dispute that M.C.No.360/2022 is pending consideration before the Principal Judge, Family Court at Mysuru between the petitioner and her husband.

5. In that view of the matter, consideration of the representation, at this stage, does not arise unless the petitioner has to approach the competent passport authority seeking issuance of the passport in respect of her child as per Chapter-9 of the Passport Manual. 6. In this regard, it is relevant to extract paragraph 5 of the counter affidavit, by the respondent No.3, which reads as follows:

"5. I state that, the Ministry of External Affairs, Government of India, issues instructions from time to time on the modalities and documentation required for various categories of Passport applications. The instructions are conveyed by way of circulars or as instructions contained in the Passport Manual. As per the instructions contained in the Passport Manual to issue passports to minor children of divorced or separated parents is elucidated in Chapter 9 of the Manual and the relevant portion is reproduced here under:

Children of Divorced Parents:

Application from divorced parents for issue of passports to their minor children has to be processed with care and diligence. Whereas the divorce of parents does not result in severance of the relation between the child and the parent, unless the parent has legally disowned the child, the child's right to have a passport and travel document cannot be denied on such grounds. Children also have a fundamental right to travel and the other parent cannot willfully prevent them from travelling abroad. These realities have been taken into account while processing application for passports from children in the custody of single parents.

A court decree granting divorce would normally award custody of the minor child/children to either parent. The PIA must ensure that that the application for the minor's passport is entertained only from such parent who has been granted custody by the court. While doing so, the PIA must also satisfy himself that the period of limitation for appeal against such decree has expired before issuing the passp