IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943 WP(C) NO. 7161 OF 2022 PETITIONER/S:
KALPANA RAVINDRAN AGED 36 YEARS D/O.A.K. RAVINDRAN, KAVYASREE, MANIYELIPADI ROAD, EAST KADUNGALOOR, U.C. COLLEGE P.O, ERNAKULAM, RURAL, PIN -
683102.
BY ADVS.
AYYAPPAN SANKAR JAYAN JOHN S.HRIDYA RESPONDENT/S:
1 UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI - 110001.
2 REGIONAL PASSPORT OFFICE, MOOSA VAIDYAR MEMORIAL BUILDING, ALUVA - PERUMBAVOOR ROAD, NEAR CASINO THEATER, PERIYAR NAGAR, ALUVA, ERNAKULAM, PIN - 683101.
BY ADV MANU S., ASG OF INDIA ADV.MANU.S( ASGI)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The grievance of the petitioner, who is the mother of the minor child Aryan in the present petition, is asking for direction to change the surname in the passport already issued in the name of the aforementioned child from Aryan Sandeep to Aryan Nair. The reason for changing the surname is that Kalpana, who is the mother of the minor child, was married with one Sandeep Chandran and both the parties have now parted away. As per the judgment of the Family Court, there has been a divorce. Earlier when the child was born, the birth certificate issued by the Registrar of Births and Deaths was without name i.e., on 27.2.2015 and thereafter name was entered with effect from 18.12.2015. Since the parents parted, surname has to be now changed in Ext.P3 passport. In this regard, Ext.P9 application dated 6.12.2021 had been submitted, though the Registrar of Births and Deaths has issued the certificate effecting changes of the surname at a later point of time that was on 2.1.2022.
2. Sri.S.Manu, Learned ASGI submitted that the certificate of birth is much subsequent to the application and in case the petitioner approaches the passport officer with all the particulars, the request can be considered for processing the application.
3. Learned counsel for the petitioner has accepted the aforementioned proposal of the respondents.
In this view of the matter, I dispose of the Writ Petition by issuing direction to the petitioner to approach the Passport Officer that as and when the Passport Officer sends the intimation of the time and date on the web portal or through writing to the petitioner, all the relevant documents in support of Ext.P9 request submitted on 6.12.2021, shall be produced. Let this exercise be undertaken within a period of two months from the date of receipt of a certified copy of the judgment.
Sd/-
AMIT RAWAL JUDGE csl APPENDIX OF WP(C) 7161/2022 PETITIONER'S EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF BIRTH CERTIFICATE OF PETITIONER'S MINOR SON ISSUED ON
27.02.2015.
Exhibit P2 TRUE PHOTOCOPY OF BIRTH CERTIFICATE OF PETITIONER'S MINOR SON ISSUED ON
18.12.2015.
Exhibit P3 TRUE PHOTOCOPY OF THE PASSPORT OF PETITIONER'S MINOR SON ISSUED ON
17.06.2016.
Exhibit P4 TRUE PHOTOCOPY OF AADHAR CARD NO. 2804
0653 8158 OF PETITIONER'S MINOR SON.
Exhibit P5 TRUE PHOTOCOPY OF THE CERTIFICATE DATED
12.01.2022 ISSUED BY THE PRINCIPAL OF VIDYODAYA SCHOOL, THEVAKKAL, KOCHI.
Exhibit P6 TRUE PHOTOCOPY OF THE JUDGMENT DATED
8.12.2021 OF THE HON'BLE HIGH COURT IN W.P(C) NO. 27114/2021.
Exhibit P7 TRUE PHOTOCOPY OF THE PAPER PUBLICATION AS TO CHANGE OF NAME OF PETITIONER'S MINOR SON PUBLISHED IN MALAYALAM DAILY NEWSPAPER VEEKSHANAM DATED 6.1.2022.
Exhibit P8 TRUE PHOTOCOPY OF THE BIRTH CERTIFICATE OF PETITIONER'S MINOR SON ISSUED ON
2.1.2022.
Exhibit P9 TRUE PHOTOCOPY OF THE PRINTOUT OF THE APPLICATION FOR -RE-ISSUE OF PASSPORT FOR CHANGE OF NAME OF PETITIONER'S SON, SUBMITTED ON 6.12.2021.
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