ORDER : 

BATTU DEVANAND, J.

This Writ Petition is filed under Article 226 of the Constitution of India seeking following relief/s...

...pleased to issue an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in not processing and issuing the passport of the minor daughter of the petitioner by name Ayra Mulla vide Application Reference No.25-1060089857 and orally insisting the petitioner to produce either the Divorce/Judicial Separation Proceedings from her husband or orders from the Honble court in spite of petitioner specifying in the application that she is a single mother as illegal arbitrary opposed to the established principles of law and the same is in violation of fundamental rights of the petitioner guaranteed under Article 19 and 21 of the Constitution of India and consequently direct the respondents herein to process the application vide Application Reference No.25-1060089857 and issue passport to the minor daughter of the petitioner by name Ayra Mulla without insisting the Divorce / Judicial Separation proceedings or orders from her husband immediately and pass such order or orders...

2. Heard the learned counsel for the petitioner and learned Central Government Counsel and learned Government Pleader for Department of Home, and perused the material available on record.

3. The case of the petitioner is that the petitioner herein has made an application for issuance of passport for her minor daughter by name Mulla Arya, who is aged about 4 years, vide application reference No (ARN).25- 1060089857 to the respondent authorities on 28.08.2025. Instead of acting upon the same, the respondents are refusing to process the application on the ground to produce either the divorce or judicial separation proceedings of the petitioner from her husband or Court proceedings. It is submitted that the petitioner got married with one Mulla Suhel. Due to matrimonial disputes between the petitioner and her husband, she is living separately since the year 2022 along with her minor daughter. The petitioner being a single parent and a natural Guardian to her daughter had applied for her daughter’s passport without the signature of her husband. However, the petitioner also gave a declaration in annexure C and D of the passport application stating that the reasons for the absence of another parent in the passport application. Since the petitioner meted out harassment in the hands of her husband, she filed criminal cases against her husband for the offences punishable under Section 420, 498A read with 34 I.P.C and Section 3 & 4 of the D.P. Act in C.C.No.3663 of 2023 on the file of the IV additional Judicial Magistrate of First Class, Nellore and also D.V.C.No.74 of 2023 before the Special Judicial Magistrate of First Class for the Trial of Prohibition and Excise Offences, Nellore. Both the cases are pending for trial. For which reason, she did not initiate any proceedings seeking divorce.

4. Further, the petitioner specifically stated in the application that she is a single parent and also gave a declaration in Annexure C and D of the application along with the copies of the cases details. But, the passport authorities are still insisting the petitioner orally to produce divorce/judicial separation proceedings from her husband or orders from the Court. Although, the petitioner made a representation, dated 08.09.2025 to the respondent authorities to consider the case of the petitioner, till now, there is no response from the respondent authorities and are refusing to process the application for passport to the minor daughter of the petitioner. The act on the part of the respondent authorities is clearly in violation of the Fundamental Rights of the petitioner guaranteed under Article 19 and 21 of the Constitution of India.

5. The 2^nd respondent filed counter-affidavit stating that while applying for passport of a minor child, the consent of both parents are required. As the father ha