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2025 Supreme(Online)(Mad) 43927

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE C.SARAVANAN
Minor. Brenin Jisha – Appellant
Versus
The Regional Passport Officer – Respondent



BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.07.2025 CORAM THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD)Nos.18660 to 18662 of 2025 W.P(MD)No.18660 of 2025 Minor.Brenin Jisha Rep by mother and natural guardian, Sherin Ann, 13/81 B, C.S.I. Church Road South, Amnatha Nadar Kudy, Nagercoil – 629001. ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office Madurai, Bharathi Vla Veethi, Race Course Road, Madurai 625 002

2.N.Arin Babu ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to reissue the Passport to the petitioner on his application in File No.MD2076778806124 of the first respondent in a time bound manner.

For Petitioner : Mr.D.Senthil For R1 : M/s.P.Mahalakshmi Central Government Standing Counsel W.P(MD)No.18661 of 2025 Minor.Bryan Noel Rep by mother and natural guardian, Sherin Ann, 13/81 B, C.S.I. Church Road South, Amnatha Nadar Kudy, Nagercoil – 629001. ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office Madurai, Bharathi Vla Veethi, Race Course Road, Madurai 625 002

2.N.Arin Babu ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to reissue the Passport to the petitioner on his application in File No.MD2076779018524 of the first respondent in a time bound manner.

For Petitioner : Mr.D.Senthil For R1 : Mr.T.Lenin Kumar Central Government Standing Counsel Minor.Brenden Noel Rep by mother and natural guardian, Sherin Ann, 13/81 B, C.S.I. Church Road South, Amnatha Nadar Kudy, Nagercoil – 629001. ... Petitioner Vs.

1.The Regional Passport Officer, Regional Passport Office Madurai, Bharathi Vla Veethi, Race Course Road, Madurai 625 002

2.N.Arin Babu ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to reissue the Passport to the petitioner on his application in File No.MD2076779230724 of the first respondent in a time bound manner.

For Petitioner : Mr.D.Senthil For R1 : Mr.P.Sivachandran Central Government Standing Counsel

COMMON ORDER

These writ petitions have been filed by minors represented by natural guardian, namely their Mother for reissuance of passports.

2. The petitioners are the children of Mrs.Sherin Ann and the second respondent, namely Mr.N.Arin Babu, whose marriage was solemnised in the year 2008. Two of the three petitioners were born in Dubai and one of the them was born in India. It appears that there is a marital dispute between the parents and the proceedings to dissolve the marriage are pending before the Family Court, Nagercoil in I.D.O.P.No.961 of 2021 at the behest of the petitioners' Mother.

3. It is noticed that the petitioners' mother namely Mrs.Sherin Ann is employed in Dubai and the second respondent is employed in Kuwait. Since the petitioners are under the custody of their grandmother, who is said to be unwell and unable to take care of them, the petitioners' mother submitted applications for renewal of their passports on 20.01.2025. The dates of expiry of the passport of the respective petitioners are as under:

W.P(MD)No. Date of Expiry
18660/2025 05.11.2024
18661/2025 22.07.2026
18662/2025 01.11.2025

4. The learned Central Government Standing Counsel for the first respondent in W.P(MD)No.18661 of 2025 submits that a communication was sent to the petitioners' mother to submit Form D, which is a declaration by the parents. Since the Form D was not submitted, the applications for renewal of the passports was closed on 19.05.2025.

5. It is noticed that taking note of the difficulties arising out of marital dispute between the parents for issuance of passport, the Court had come to rescue the persons by formulating certain guidelines.

6. The High Court of Kerala reported in the case of Chaita

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