Passport for minor child post-divorce can be issued to custodial parent with Annexure-C affidavit without other parent's consent.

JUDGMENT

The marriage between the petitioner and the 3^rd respondent was dissolved by Ext.P2 decree of divorce. The petitioner applied online for a passport for her minor son, as evidenced by Ext.P4 receipt. The petitioner states that along with the application for passport, she had also submitted an affidavit in Annexure-C. However, the application has not been processed by the 2^nd respondent on the ground that she has not produced a No Objection Certificate from the 3^rd respondent. Accordingly, the petitioner has filed this writ petition seeking a direction to the 2^nd respondent to consider her application for issuance of a fresh passport to her minor child.

2. Pursuant to the notice issued by this Court, the 3^rd respondent has entered appearance and submitted that he has been given visitorial rights on the child and that the conditions in Ext.P3 judgment are not being complied with by the petitioner.

3. A statement has been placed on record by the learned Senior Panel Counsel on behalf of the 2^nd respondent. Paragraph Nos.3 to 5 of the said statement read as follows:

“ 3. It is further submitted that on scrutiny of the application submitted and the instant writ petition, it is understood that the parents of the minor applicant are legally divorced and the Hon.Family Court, Ernakulam has granted permanent custody to the mother, Mary Stefeena and visitation rights to the father, Micheal P.K. The applicable clause in annexure C, therefore, is (d) which reads as, “The parents are divorced/judicially separated and custody of the minor has been assigned to one parent (parent who is applying for the passport), with visitation rights to the other parent. (Supporting documents to be enclosed: Copy of court order/decree regarding divorce/judicial separation, consent of other parent (having visitation rights) is also required)

4. The application of the minor has been put on hold for father’s consent. The petitioner instead of furnishing the consent of the father proceeded to file the instant petition.

5. It is submitted that the petitioner either has to submit the consent of the father or valid proof that she had sought the consent of the father and he has denied it. Once any of these are submitted with the second respondent (R2), remedial measures in issuance of passport to the minor shall be initiated as the child’s right to have a passport and travel abroad cannot be denied.”

4. The learned counsel for the petitioner submits that the petitioner is ready to produce Ext.P3 judgment before the 2^nd respondent for consideration of the application for issuance of passport to the minor child. The learned counsel refers to the decision of this Court in Chaitanya C.Nair (Minor) v. Union of India & Ors. [2022(3) KLT 520], wherein it has been held that if an affidavit is filed in the form of Annexure-C of Schedule III of the Passport Rules, 1980 , the passport issuing authority can issue a passport to a minor child without insisting upon the consent of both parents.

5. In the facts and circumstances of the case, this writ petition is disposed of with the following directions :

(i) The petitioner shall produce a copy of Ext.P3 judgment before the 2^nd respondent.

(ii) The 2^nd respondent shall process the application of the petitioner in accordance with law, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment.