A minor's passport can be issued without both parents' consent if proper court documentation is provided.

JUDGMENT

The petitioner is a minor represented by her mother. The 2^nd respondent is her father. The marriage between the mother of the petitioner and the 2^nd respondent was dissolved by a decree of mutual consent in O.P.No.157/2024 by the Family Court, Muvattupuzha. The custody of the petitioner is given to the mother as per Ext.P2 compromise decree dated 20/02/2024 in O.P.No.159/2024 on the file of the Family Court, Muvattupuzha. As per Ext.P2, the 2^nd respondent is given visitorial right to see the child at the court premises between 10:00 a.m. and 02:00 p.m. on two Sundays and permission to interact with the child through video call between 07:00 p.m. and 07:30 p.m. on two Sundays every month.

2. The mother of the petitioner is the holder of an Indian passport. She applied for a passport for the petitioner before the 1^st respondent online, as evident from Ext.P7. After completing all process, the petitioner was issued with a passport, the copy of which is produced as Ext.P8. The 2nd respondent filed a complaint before the 1^st respondent to cancel the passport of the petitioner alleging that the passport is obtained without his consent. Based on such complaint, the 1^st respondent issued Ext.P9 letter directing the petitioner to surrender the passport. Ex.P9 is challenged in this Writ Petition. 3. The petitioner’s mother states that she wants to take the minor child to UAE during the ensuing summer vacation from 01.04.2026 to 01.06.2026 and preferred Ext.P13 application before the Family Court, Muvattupuzha seeking permission in this regard. The 2^nd respondent preferred an objection to the said application. The 2nd respondent also filed a petition before the Family Court, Muvattupuzha in O.P No.414/2025 for an injunction restraining the mother from taking the petitioner abroad. Ext.P11 is the injunction order passed in the said petition.

4. The learned counsel for the petitioner submits that the Family Court has passed order dated 18/03/2026 in Ext.P13 petition and the same reads as follows:-

“Heard both sides. The main objection raised by the respondent/father was that if the minor child is taken abroad she will be residing with the present husband of the petitioner and even the residence of the minor abroad is not known to the respondent. Accordingly petitioner was admitted to file an affidavit disclosing the details of stay abroad of the minor with the address of the residence. Petitioner/mother filed affidavit stating the address abroad with phone number. Since person (sic - permission) is sought only for the summoner vacation, I am of the view that the same can be granted. Accordingly petition is permitted to take the child during the summer vacation. The respondent is permitted to interact with the minor child on all Saturdays for 15 minutes in between 7 pm and 8 pm in the phone number stated in the affidavit. I.A. is allowed accordingly. (uncontested)”

5. This writ petition is filed challenging Ext.P9 order passed by the 1^st respondent directing the petitioner to surrender the passport.

6. Heard Sri. Alias M.Cherian, the learned counsel for the petitioner, Sri. Sachin, the learned counsel for the 2^nd respondent and the learned DSGI.

7. The petitioner has been granted Ext.P8 passport after the scrutiny of the application submitted by her. It is stated that along with the application for passport, the petitioner has submitted Annexure C declaring that the marriage between the mother of the petitioner and the 2^nd respondent has been dissolved by the order of a competent court in India. Since the passport of the minor has been issued through due process of law after considering the application and Annexure C filed along with it, there is no rhyme or rea