2024:MHC:1890 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 03.04.2024 CORAM THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.33378 of 2023 and W.M.P.No.33101 of 2023 Sai Pranav Vimalan, M/A-10 (Minor), Rep by his natural guardian and father Mr.S.Vimalan, Plot No.4, Krishna Nagar 1^st Cross Street, Sembakkam, Chennai – 600 073. ... Petitioner Vs.

1.The Regional Passport Officer, Chennai Royala Towers, No.2 and 3, IV Floor, Old No.785, New No.158, Anna Salai, Chennai – 600 002.

2.R.Karthika ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned notice dated Nov 2, 2023 issued by the 1^st respondent and quash the same consequently direct the 1^st respondent to process the passport application file No.MA3075445659323, Old PP No.S0998456 dated 07.06.2023, based on the said application for reissuance of passport for the minor Sai Pranav Vimalan to enable him to travel to U.S.A., to pursue his education.

For Petitioner : Mr.V.Govardhanan For Mr.R.Subburaj For R1 : Dr.D.Simon Central Govt. Standing Counsel For R2 : Mr.J.Antony Jesus

O R D E R

The order passed by the Regional Passport Officer in proceedings dated 2^nd November, 2023 rejecting the application of the petitioner for renewal of Passport under the Passport Act, 1967 is under challenge in the present writ petition.

2. The petitioner Sai Pranav Vimalan is a minor aged about 10 years.

The writ petition has been instituted through the father of the minor Mr.S.Vimalan.

3. The marriage between Mr.S.Vimalan and R.Karthika was solemnised on 04.03.2012 and they are blessed with a son namely Sai Pranav Vimalan. The date of the birth of the minor is 01.11.2013. Matrimonial disputes aroused between the couple. The father of the minor boy filed a Divorce Petition, which is pending. The mother of the minor boy has filed G.W.O.P. seeking custody of the minor boy. The G.W.O.P filed by the mother of the minor boy was dismissed and an appeal was filed, which is pending on the file of the Madurai Bench of Madras High Court. Visition right has been provided to the mother.

4. The learned counsel for the petitioner would submit that the minor boy is pursuing his education through online in United States of America (USA). The father of the minor boy is working from home and looking after the minor boy. The school at United States insisted for the personal appearance of the boy.

5. The mother of the minor boy raised an objection for renewal of Passport on the ground that she is residing in India and the father of the boy is also working from home at Chennai and she has visitation right also. The objection was considered by the Regional Passport Officer and the impugned order has been passed mainly stating the following reasons:

“In compliance with the order dated

10.08.2023 of the Hon'ble High Court of Madras in WP.No.23488 of 2023, wherein this office was directed to take a call on your application within a period of twleve (12) weeks from the date of receipt of the order copy, your application is considered and scrutinised taking into account of the following facts:

1. The Biological mother of the minor applicant has filed appeal against the dismissal order dated 20.05.2023 issued in her custody petition in GWOP No.91 of 2022 and the same is pending before the Hon'ble Madurai Bench of Madras High Court.

2. she has got visitation rights on the minor vide Child Welfare Committee order dated 24.02.2023 and 14.03.2023, which are not complied by the biological father and was reconfirmed through the discreet enquiry report received from the Superintendent of Police, Thoothukkudi District.

3. The biological mother has again raised objection against the reissue of passport of the minor vide her letter dated 10.07.2023.

4. The Permanent legal custody of the minor has not been decided by any Court.”

6. The learned counsel for the petitioner pointed out that the Regional Passport Office