JUDGMENT

Two minor children have approached this Court through their maternal grandmother seeking a direction for renewal of their passports. Petitioners 1 and 2 insist that the passports should be renewed without the consent of their father.

2. The mother of petitioners 1 and 2 is now studying in New Zealand under a student Visa and contends that she is entitled to take her family to New Zealand. Unfortunately, her husband-father of the children objected and hence, an original petition was filed before the Family Court, Muvattupuzha as O.P. No.257 of 2019 seeking a direction to take the minor child along with her to New Zealand during her higher studies. In the meantime, the father of the minor children filed a petition for restitution of conjugal rights by filing O.P. No.604 of 2019 as well as a petition for custody of the minor children as O.P. No.706 of 2019.

3. The dispute between the parents were finally settled and a compromise petition was filed before the Family Court on 30.11.2019. It was decided that they will start residing together as husband and wife along with their children and further that the maternal grandmother will take custody of the minor children when the mother leaves for higher studies to New Zealand. The terms of the compromise further provided that the mother can apply for Visa for her minor children to take them to New Zealand and even to get admission for them at New Zealand. For the purpose of better clarity, clauses 5 to 8 of the compromise petition are extracted as below:

“5. The petitioner and respondent hereby agree that minor children will continue their studies in this academic year in their respective classes at M.T.M. Higher Secondary School, Pampakuda. The respondent agree that the petitioner can apply for visa in the name of Serah Ann James and Johan Philip James - Minor children and take them to New Zealand on receiving visa and admit them in the school at New Zealand and to continue their studies therein

6. The mother of the petitioner shall take custody of the minor children and shall provide proper care from the day on which the petitioner leave India till the minor children join her in New Zealand. It is agreed that the respondent will be permitted to take the children on the second Saturday of every month and he will given custody of children for the day from the family Court premises at 10am and he will return the children by 2pm on the same day. In the absence of the petitioner her mother will produce the children and receive back children for and on behalf of the petitioner. The arrangement will be continued till the miner children leave to New Zealand on availing visa.

7. The petitioner and respondent together decide that on reaching New Zealand the petitioner would apply for spouse visa as permitted under emigration laws and would take steps for obtaining visa for the respondent also to New Zealand. The respondent hereby agree that before April 2019 he will try to qualify IELT exam enabling him to obtain a job at New Zealand and will make his best efforts to go along with the children in the month of April 2019 itself.

8. The petitioner and respondent fully understand that they are taking the above decision with an intention to save their marriage and also for the better interest of their minor children.”

4. Petitioners 1 and 2 contend that though their mother left for New Zealand in January, 2020, they could not travel due to the restrictions imposed by Covid-19 pandemic and that now, as the restrictions have been relaxed, they intend to join their mother. In the meantime, the validity of the passport expired on 26.06.2021 and when they applied for renewal of the passport, the passport issuing authority is refusing to act upon the recitals in the compromise petition and the consequent decree of the Family Court, which has compelled them to file this writ petition. 5. When the writ petition came up for admission, this Court issued notice by special messenger to the third respondent,