[2026:RJ-JD:7473]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 8375/2025 Yuvaan Singh S/o Mrs. Richa Singh and Shri Mayank Singh Parihar, aged about 7 Years, Minor through his natural guardian mother Smt. Richa Singh D/o Shri Sumer Singh, aged 41 Years, R/o House No. 247, New Power House Road, Sector 7, Jodhpur (Raj.).

----Petitioner Versus

1. Union of India, through the Secretary, Ministry of External Affairs, New Delhi (Raj.).

2. The Regional Passport Office, through Senior Superintendent (Policy), G-14, Jhalana Institutional Area, Jhalana Doongri, Jaipur.

3. The Senior Superintendent (Policy), Regional Passport Office, G-14, Jhalana Institutional Area, Jhalana, Doongri, Jaipur.

----Respondents For Petitioner(s) : Mr. Rajpal Singh For Respondent(s) : Mr. B.P. Bohra HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

10/02/2026 By way of filing the present civil writ petition, the petitioner has prayed for the following reliefs:-

“It is, therefore, most humbly and respectfully prayed that this writ petition may kindly be allowed and:-

(i) By an appropriate writ, order or direction, the impugned File Closure Notification dated 10.03.2025 (annex.7) may kindly be quashed and set aside.

(ii) By an appropriate writ, order or direction the respondent authorities may kindly be directed to issued passport under the passport application no.JP2068999155623, keeping in mind the order dated 03.08.2024 issued by the learned Family Court No.1, Jodhpur (Annx-4) with immediate effect. ...”

2. Heard.

3. Having heard the learned counsel for the parties and having perused the material available on record, this Court finds that the marriage between the parents of minor Yuvaan Singh was solemnized on 11.02.2017. However, they have been living separately since 17.09.2018. The minor Yuvaan Singh has been residing with his mother since birth. An application bearing No. JP2068999155623 was filed for issuance of a passport in the name of the minor; however, the same has not been decided due to the absence of signatures of his father, Mayank Singh Parihar.

4. The record further reveals that the Judge, Family Court No.1, Jodhpur, where the matrimonial dispute between the parents of the minor is pending, upon an application filed on behalf of the mother of Yuvaan Singh, directed the passport authorities to consider the passport application independently, observing that the father, Mayank Singh Parihar, cannot be compelled to sign the application.

5. It is not in dispute before this Court that the minor Yuvaan Singh has been residing with his mother since birth. However, owing to the matrimonial dispute, the father is objecting to the issue of the passport, and on account of such objection, the passport could not be issued in favour of the minor. The conduct of the father cannot be approved by this Court, as issuance of a passport in favour of a minor cannot be equated with issuance of a visa for travelling to a foreign country. There is no prohibition on issuance of a passport to a minor merely because matrimonial disputes between the parents are pending before the Courts. Even otherwise, statutory provisions permit issuance of a passport to a child at the request of the parent who has custody of the child.

6. In view of the totality of the circumstances, this Court deems it just and proper to direct the passport authorities to consider and decide forthwith the passport application No. JP2068999155623 in favour of the minor Yuvaan Singh without insisting upon the signatures of his father on the application. However, if any other deficiency is noticed in the application by the competent authority at the time of processing the passport, the same shall be duly communicated to the mother of the minor forthwith.

7. With the aforesaid directions, the present writ petition as well as stay application stand disposed of.

(KULDEEP MATHUR),J

67-divya/-