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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 8^TH DAY OF SEPTEMBER 2026 / 17TH BHADRA, 1948 WP(C) NO. 27967 OF 2026 PETITIONER:

SHABANA, AGED 42 YEARS D/O M.V. KOYA UNNI, NHALIL HOUSE, KOOTTANAD P.O., PATTAMBI TALUK, PALAKKAD DISTRICT, PIN - 679533 BY ADVS.

SRI.C.DHEERAJ RAJAN SHRI.ANAND KALYANAKRISHNAN SHRI.LIBIN VARGHESE RESPONDENTS:

1 REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, SHIHAB THANGAL ROAD, NEAR IDBI CORPORATE BRANCH, PANAMPILLY NAGAR, ERNAKULAM, PIN - 682036

2 MUHAMMED ANEES, AGED 46 YEARS S/O ABDULLAKUTTY HAJI, 149, KANJIRAPULLY 10, PUNNAYUR P.O., VADAKKEKAD VIA, THRISSUR DISTRICT, PIN - 679562 BY ADVS.

SHRI.S.BIJU, SENIOR PANEL COUNSEL SMT.SREELAKSHMI SABU SHRI.RENEESH U.R.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON

08.09.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner is the former wife of the 2^nd respondent. She is the holder of an Indian passport as evidenced by Ext.P1. At the time of issuance of passport, the name of the 2^nd respondent was shown in the spouse column thereof as the husband of the petitioner. Later, the relationship between the petitioner and the 2^nd respondent got estranged and they filed a case for mutual divorce before the Dubai Court as Case No.2928/2017. The petitioner and the 2^nd respondent entered into Ext.P2 agreement for divorce. On the basis of Ext.P2, the Dubai Court granted divorce by Ext.P3 order dated 12.07.2017. Pursuant to Ext.P3, the petitioner approached the 1^st respondent for deletion of the name of the 2^nd respondent from the spouse column of the passport. However, the 1^st respondent informed the petitioner that she has to obtain an order of divorce from Indian Court. Accordingly, the petitioner filed O.P. No.674/2026 before the Family Court, Ottapalam seeking for a declaration that the marriage between the petitioner and the 2^nd respondent stood dissolved by virtue of Ext.P3 order of the Dubai Court. The said Original Petition is pending before the Family Court, Ottapalam and is posted for consideration of the question of maintainability raised by the 2^nd respondent herein. 2. According to the petitioner, in the light of Ext.P3, there is no requirement for order from any court in India formally dissolving the marriage of the petitioner with the 2^nd respondent. Accordingly, the petitioner has filed this writ petition for a direction to the 1^st respondent to accept the application for deletion of spouse name without insisting for a court order of divorce by the Indian Court of law and to issue a fresh passport by removing the name of the 2^nd respondent in the column of 'name of spouse'.

3. Sri.S.Biju, the learned Senior Panel Counsel submitted that the petitioner has not so far submitted any application for deletion of spouse name in the passport before the 1^st respondent.

4. Smt.Sreelakshmi Sabu, the learned counsel for the 2^nd respondent submitted that the 2^nd respondent has no objection for deleting his name from the spouse column of the petitioner's passport, without prejudice to his contentions before the Family Court.

5. Sri.S.Biju, the learned Senior Panel Counsel refers to OMVI/401/01/17/2015(pt) dated 07.05.2026 issued by the Ministry of External Affairs, Government of India regarding the acceptance of foreign divorce decrees in passport applications.

6. The Hon'ble Supreme Court, in Y. Narasimha Rao v. Y.

Venkata Lakshmi [(1991) 3 SCC 451], after referring to Sections 13 and 14 of the Code of Civil Procedure and various earlier judgments, held as follows:-

“20. From the aforesaid discussion the following rule can be deduced for recognising foreign matrimonial judgment in this country. The jurisdiction assumed by the foreign court as well as the grounds on which the relief is granted must be in accordance with the matrimonial law under which the parties are married. The exceptions to this rule may be as follows: (i) where