The right to travel abroad, including passport issuance, is a fundamental right under Article 21, and cannot be denied without a prohibitory court order.

ORDER

Per: Justice Vinay Saraf

1. Petitioners are minor daughters of respondent No.3. Petitioners through their mother applied to Regional Passport Office, Bhopal. Ministry, of External Affairs for renewal of their passports.

2. After receipt of application, the Regional Passport Office, Bhopal issued a communication to the father of petitioners i.e. respondent No.3 and as respondent No.3 in the reply to communication not only refused to extend the consent for renewal of passport of the children, has strongly objected for issuance of passports to his minor daughters. The Assistant Passport Officer by impugned communicated dated 08.11.2024 asked the mother of petitioners to obtain the Court permission for issuance of passport to minor children.

3. It is an admitted position that father of the children applied before Family Court, Mumbai for obtaining a decree of divorce against the mother of petitioners and the matter is still pending before the Family Court, Mumbai wherein the issue of custody of minor children is also pending. After receipt of impugned communication from the Passport Office, the mother of children submitted an application to the Family Court, Mumbai at Bandra on 18.11.2024 requesting authorization for renewal of passport of her children. Copy of the application was supplied to father of children and case has been fixed for hearing upon application on 18.01.2025.

4. Thereafter, one purshis was moved on behalf of mother of the petitioners before Family Court, Mumbai to not press the application moved on 18.11.2024 wherein it is mentioned that she intends to file an appropriate petition seeking intended relief before the High Court of Madhya Pradesh at Jabalpur. That withdrawal application will be considered by Family Court Mumbai on the next date of hearing i.e. 18.01.2025.

5. In the meanwhile, petitioners through their mother and natural guardian Smt. Smita Bharadwaj has approached this Court by present petition on 07.01.2025 seeking the following relief:-

“(a) Issue a writ of certiorari quashing the impugned order dated 08.11.2024 passed by Respondent No.2.

(b) To issue a writ of mandamus directing respondent No.2 to renew the passport of the petitioners forthwith.

(c) To award the cost of the present litigation in favour of the petitioner.

(d) Any other order writ or direction that this Hon’ble Court may deem fit in the interest of justice”

6. This Court on 08.01.2025 considering the urgency, issued notice to respondent No.3 (father of petitioners) and ordered to list the case on 10.01.2025, when counsel for respondent No.3 appeared and sought short adjournment and as the case is listed today.

7. Learned Senior Advocate appearing on behalf of petitioners submits that every citizen of India is having Fundamental Right to obtain passport and travel as per his own wish. The Supreme Court has extended the scope of Article 21 by holding that the right to life and personal liberty includes the right to travel abroad. He further submits that the petitioners have achieved several awards and they have been invited Bharat Mahotsava scheduled to take place in the House of Lords, United Kingdom for special facilitation and book promotion on 14^th Fabreuary and on 17^th February at University of Oxford during Bharat Mahotsav scheduled to take place from February 14^th to 17^th, 2025 in London Kingdom.

8. Learned Senior Advocate further submits that the invitation is annexed as Annexure P-3 with petition