IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, THE 1^ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943 WP(C)NO.2169 OF 2022 PETITIONERS:

1 AMEENA MICHEALLE, AGED 13 YEARS, (MINOR), D/O AFSAL ALI P.M., FLAT NOT 11, ASSET VERSATILE, INDIRA ROAD, PALARIVATTOM P.O.,ERNAKULAM-682

025, REPRESENTED BY HER MOTHER, AYSHA ASLAM, AGED 34 YEARS, D/O ASLAM, 42/1600, KOMBARA, MARKET ROAD, KOCHI-18

2 AMNA AFSAL, AGED 6 YEARS, (MINOR), D/O AFSAL ALI P.M, FLAT NO. 11, VERSATILE, INDIRA ROAD, PALARIVATTOM P.O.,ERNAKULAM-682 025, REPRESENTED BY HER MOTHER, ASLAM, AGED 34 YEARS, D/O ASLAM, 42/1600, KOMBARA, MARKET ROAD, KOCHI-18

3 AHMED AMAAN ALI, AGED 9 YEARS, (MINOR), D/O AFSAL ALI P.M, FLAT NO. 11, ASSET VERSATILE, INDIRA ROAD, PALARIVATTOM P.O.,ERNAKULAM-682 025, REPRESENTED BY HIS MOTHER, AYSHA ASLAM, AGED 34 YEARS, D/O ASLAM, 42/1600, KOMBARA, MARKET ROAD, KOCHI-18

4 AYSHA ASLAM, AGED 34 YEARS, D/O ASLAM, 42/1600, KOMBARA, MARKET ROAD, KOCHI-18.

BY ADVS.

JOBY JACOB PULICKEKUDY ANIL GEORGE DAJISH JOHN HARIKRISHNAN P.

RESPONDENTS:

1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI-110

001

2 REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, ERNAKULAM, KERALA, KOCHI-

682 036.

3 AFSAL ALI P.M, S/O MOHAMMED ALI, PLAMOOTHIL HOUSE, MARKET P.O.,MUVATUPUZHA, ERNAKULAM-686 673.

OTHER PRESENT:

SRI. MANU S. CGC ASGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

01.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This Writ Petition is filed by the petitioners minors for a direction to consider Exts.P4 and P4(a) to P4(b) applications for issuance of the passport as declaration has been submitted by the applicants on account of the fact that custody case under the Guardians and Wards Act is pending.

2. Learned counsel for the respondent - Regional Passport Officer, Kochi submits that they will not be averse in taking the call on the applications of the petitioners.

In this view of the matter, I dispose of the Writ Petition by issuing directions to respondent No.2 to decide the applications submitted by the petitioners for issuance of the passport in their name as they have sufficed the requirement by disclosing the pendency of the litigation under the Guardians and Wards Act. Let this exercise be undertaken within a period of one month from the date of receipt of a copy of this judgment, in accordance with law after affording an opportunity of hearing through virtual or physical mode.

Sd/-

AMIT RAWAL JUDGE csl APPENDIX OF WP(C) 2169/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE KHULA LETTER DATED

26.7.2022 FOR DIVORCE ALONG WITH ENGLISH TRANSLATION Exhibit P2 THE TRUE COPY OF ORDER DATED 17.7.2020 Exhibit P3 THE TRUE COPY OF ORDER DATED 17.8.2020 IN IA 2285 OF 2020 Exhibit P4 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER DATED 20.8.2021 Exhibit P4(A) THE TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER DATED

20.8.2021 Exhibit P4(B) THE TRUE PHOTOCOPY OF APPLICATION SUBMITTED BY THE 3RD PETITIONER DATED

20.8.2021 Exhibit P5 THE TRUE PHOTOCOPY OF THE JUDGMENT DATED

9.11.2021 IN WPC NO. 20895 OF 2021