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NC: 2026:KHC:22778

WP No. 9820 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO. 9820 OF 2026 (GM-PASS)

BETWEEN:

1. AURA RUTHU PRABHAKAR

AGED ABOUT 5 YEARS,

MINOR REPRESENTED BY HER

MOTHER AND NATURAL GUARDIAN

MRS. PRABHAKAR RUTHU

RESIDING AT NO.16, CHOWDESHWARI KRUPA,

CHAMUNDESHWARI LAYOUT,

DODDABOMMASANDRA,

BENGALURU - 560 097.

…PETITIONER

(BY SRI. DEEPAK METHRE, ADVOCATE)

AND:

Digitally

signed by

CHAITHRA

1. UNION OF INDIA

A

Location: MINISTRY OF EXTERNAL AFFAIRS

HIGH REPRESENTED BY ITS SECRETARY

COURT OF

ROOM NO. 74B, GATE NO.4

KARNATAKA

SOUTH BLOCK, NEW DELHI - 110 011.

2. REGIONAL PASSPORT OFFICE

BENGALURU

REPRESENTED BY PASSPORT OFFICER

HAVING OFFICE AT 8^TH BLOCK,

80 FEET ROAD KORAMANGALA,

BENGALURU KARNATAKA - 560 095.

3. KIRAN M M

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S/O. MANJUNATH M T,

RESIDING AT NO.27/2,

3^RD MAIN ROAD, NEAR PES COLLEGE

RAGHAVENDRA BLOCK, SRINAGAR,

BANGALORE SOUTH

KARNATAKA - 560 050.

…RESPONDENTS

(BY SRI. MUKUND PRASAD, CGPC FOR R1 & R2)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE

RESPONDENT NO.2, REGIONAL PASSPORT OFFICER,

BENGALURU TO PROCESS THE PASSPORT APPLICATION OF

THE MINOR PETITIONER BEARING APPLICATION REFERENCE

NUMBER (ARN) NO.24-1004874541 AND FILE NO.

BN1066545957924 DATED 22.04.2024 AND ISSUE PASSPORT

TO THE MINOR PETITIONER WITHOUT INSISTING UPON THE

CONSENT OF THE THIRD RESPONDENT (ANNEXURE-A) AND

ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING

FRESH MATTER, THIS DAY, ORDER WAS MADE THEREIN AS

UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

The petitioner, a minor child, represented by her

mother and natural guardian, has approached this Court

seeking a writ in the nature of mandamus directing

respondent No.2–Passport Authority to process the

passport application bearing Reference No.(ARN) 24-

1004874541 and to issue a passport in favour of the minor

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petitioner without insisting upon the consent of respondent

No.3–father.

2. Though notice was ordered by this Court, the

learned counsel for the petitioner has placed on record the

postal tracking report to demonstrate that respondent

No.3, despite residing at the very same address, has

deliberately evaded service of notice. The conduct of

respondent No.3, as is evident from the material placed on

record, prima facie indicates a conscious attempt to avoid

participation in the proceedings.

3. In the backdrop of the urgency projected,

learned counsel for the petitioner has persuaded this Court

to take up the matter for consideration at this stage by

contending that the minor petitioner, along with her

mother, intends to travel to Australia to meet her

grandparents during the ensuing summer vacation, and

any delay in issuance of passport would irreparably

prejudice the rights and interests of the minor child.

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4. Per contra, the learned counsel appearing for

the respondents would oppose the petition contending

that, in terms of the governing statutory framework,

consent of both parents is ordinarily required for issuance

of a passport to a minor, and in the absence of such

consent from the father, respondent No.2 is justified in not

processing the application submitted on behalf of the

minor petitioner.

5. Having given anxious consideration to the rival

submissions and on perusal of the records, this Court finds

that the parents of the minor petitioner are embroiled in

matrimonial discord and are presently litigating in M.C.

No.5709/2023, wherein the mother has instituted

proceedings seeking dissolution of marriage against

respondent No.3. The said proceedings are admittedly

pending consideration before the competent Court.

6. The reliance placed by the learned counsel for

the petitioner on the judgment of the Allahabad High Court

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WP No. 9820 of 2026

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in

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