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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY
R. Mallika – Appellant
Versus
Regional Passport Officer, Chennai – Respondent
| Table of Content |
|---|
| 1. petitioner's right as a single parent (Para 1 , 3) |
| 2. previous judgments on single parents' applications (Para 4) |
| 3. court orders and terms for relief (Para 5) |
ORDER :
1. The writ petition is filed to direct the respondent to consider the petitioner’s application in file No.MA2077259254524 dated 25.12.2024 for the reissuance of the passport in favour of the petitioner’s second son, namely Tashvin, within the time frame fixed by this Court.
2. When the matter came up for hearing, Mr.R.K.Ashok, the learned counsel takes notice on behalf of the respondent.
3. Upon perusal of the affidavit filed in support of the writ petition and the material records of the case, it can be seen that the petitioner is a single parent. Her husband has gone to Australia and it is the petitioner’s case that there has been no contact with him due to marital discord. The question is no longer res integra, such cases of single parents who have not formally obtained any court orders of divorce, etc., have been the subject matter of consideration by various high courts.
4. Recently, the Telangana High Court in the Judgement of Zaynab Aaliyah Mohamed vs. The Union of India (W.P. No. 25962 of 2024)
Single parents can apply for their minor child's passport without the other parent's consent, provided specific document requirements are met.
A single parent can apply for a minor child's passport without the father's consent amid marital discord.
The Passport Manual cannot run counter to the Passports Act and Rules. The pendency of a divorce case does not prevent the issuance of a passport to a minor.
The court emphasized the importance of cooperation between parents in cases involving child custody and passport issuance, and highlighted the significance of obtaining consent from both parents or a....
Administrative guidelines cannot override statutory rules in the process of issuing passports to minors.
Passport for minor child post-divorce can be issued to custodial parent with Annexure-C affidavit without other parent's consent.
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