IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 8^TH DAY OF MARCH 2022 / 17TH PHALGUNA, 1943 WP(C) NO. 22555 OF 2021 PETITIONER:

CHAITANYA S.NAIR (MINOR), AGED 9 YEARS PRESENTLY RESIDING AT HOUSE NO.42/486/C, PALLIPARAMBIL MAMPILLYPARAMBU ROAD, EDAPALLY P.O., ERNAKULAM-682 024, HAVING PERMANENT ADDRESS AT KAILAS, CHALAPPALLY P.O., VIA EZHUMATTOOR, PATHANAMTHITTA-689 586, REPRESENTED BY MOTHER AND LEGAL GUARDIAN, KRISHNA KUMARI RADHAKRISHNAN NAIR @ KRISHNA R.NAIR, AGED 42 YEARS, PRESENTLY RESIDING AT HOUSE NO.42/486/C, PALLIPARAMBIL MAMPILLYPARAMBU ROAD, EDAPALLY P.O., ERNAKULAM-682 024 HAVING PERMANENT ADDRESS AT KAILAS CHALAPPALLY P.O., VIA EZHUMATTOOR, PATHANAMTHITTA-689 586. BY ADV DR.ABHILASH O.U.

RESPONDENTS:

1 UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, JAWAHAR LAL NEHRU BHAVAN, SHASTRI BHAVAN, PATIALA HOUSE, ISIL BUILDING, NEW DELHI-110 001.

2 REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, SHIHAB THANGAL ROAD, NEAR IDBI CORPORATE BRANCH, PANAMPILLY NAGAR, ERNAKULAM-682 036.

*3 P. SHYAM MOHAN AGED 40 YEARS, S/O.RAMAKRISHNAN NAIR, PADMALAYAM, HOUSE NO.8/1311, PALLIYARAKKAVU ROAD, MATTANCHERY, KOCHI – 682 002 *(ADDL. R3 IS IMPLEADEDAS PER ORDER DATED 26.11.2021 IN I.A. NO.2 OF 2021 IN W.P.(C)

NO.22555 OF 2021)

BY ADVS.

SRI.JAISHANKAR V.NAIR SRI.S.MANU, ASGI SRI.SHAHUL HAMEED SRI.K.M.VARGHESE SRI.T.A.NIYAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.02.2022, THE COURT ON 08.03.2022 DELIVERED THE FOLLOWING:

“C.R.”

BECHU KURIAN THOMAS, J. --------------------------------

W.P.(C) No.22555 of 2021 --------------------------------

Dated this the 8th day of March, 2022

JUDGMENT

‘We worry about what a child will become tomorrow, yet we forget that he is someone today’. The above words of Stacia Tauscher, an Irish artist can give insight, while resolving the issue that arises for consideration in this case.

2. Petitioner is a minor girl who has approached this Court seeking a direction for issuing a passport to her without insisting on the consent from her biological father. She also seeks directions to issue the passport to her, including details of her stepfather.

3. The parents of the petitioner dissolved their marriage by mutual consent through a compromise decree from the Family Court, Ernakulam. Despite the mother of the petitioner being an American citizen, she was appointed as the legal guardian, with visitorial rights given to the father, subject to the mutual convenience of parties. After the dissolution of marriage, petitioner's mother remarried and she intends to take the petitioner abroad to live along with her. For the said purpose, when an application for obtaining a passport was submitted, the passport issuing authority - second respondent, insisted on the consent/permission from petitioner's biological father and refused to accept the application, without the said consent. According to the petitioner, her parents had been living apart since 2011, and in such circumstances, compelling the petitioner to produce the consent of the biological father is not legally required. An additional affidavit has been filed by the mother of the petitioner stating that petitioner was born on 06.12.2011 at Adoor in Kerala and that petitioner possesses an Aadhar Card also. It is asserted that petitioner is an Indian citizen by birth. Petitioner has also pleaded that her mother, though a citizen of United States, has been registered as an Overseas Citizen of India.

4. A statement has been filed by the second respondent pleading that as per the Passport Manual, 2020, if visitation rights have been granted as per court orders, consent of the other parent is required to process the application for issuance of a passport to a minor and that, if one of the parents willfully refuse to give consent or inordinately delays grant of consent, the passport can be issued to the child, after receipt of an affidavit in the form of