[2026:RJ-JD:15549]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 3673/2026 Sammara Ashwani D/o Ashwani Lawrance, Aged About 4 Years, Minor Through Natural Guardian Mother Ashwani Lawrance D/o S. Victor Lawrance, Age 30 Years, R/o 4/491, R.h.b. Colony, Goverdhan Vilas, District Udaipur (Raj.).

----Petitioner Versus

1. Union Of India, Through Ministry Of External Affairs, Jawaharlal Nehru Bhawan, 23-D, Janpath, New Delhi.

2. Regional Passport Officer, Through Passport Officer, Kota E-10B, Exchange Building, Plot No. Sp-1, Road No. 2, Indraprasth Industrial Area, Kota.

----Respondents For Petitioner(s) : Mr. Ojas Shakdwipeeya For Respondent(s) : Mr. Ashwini Sharma HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

06/04/2026 By way of filing the present writ petition, the petitioner has prayed for the following reliefs:-

‘It is, therefore, prayed that this writ petition in the nature thereof may kindly be allowed and by an appropriate writ, order or direction, 1. The respondent authorities may be directed to provide the Passport to the Petitioner without the demand of any document in relation to Court order of divorce regarding Child Custody.

2. The Respondent Authorities may be directed to provide necessary assistance and furnishing necessary actions in regards to favour of Petitioner for Acquiring Passport as Identity Proof being Citizen of India. ….”

2. Heard.

3. Having heard learned counsel for the petitioner and upon perusal of the material available on record, this Court finds that, as per the petitioner, her father is a resident of Pakistan. The marriage between her parents was solemnized while they were working and residing in Dubai. Since the petitioner’s mother is an Indian citizen, she brought the petitioner to India, where the petitioner has been residing with her grandparents, while the mother returned abroad. Subsequently, due to matrimonial discord, the parents of the petitioner started living separately and were granted divorce by a competent Court in Dubai.

4. The facts disclosed in the writ petition indicate that the petitioner’s mother, who is residing abroad, intends to take the petitioner with her and, accordingly, filed passport application No. KT1065139004625 before the Regional Passport Office, Kota. However, the application was not processed on the ground that it did not contain the signatures of the petitioner’s father. Thereafter, when the passport authorities were informed that the parents of the petitioner had already obtained a divorce, it was stated that foreign divorce judgments are not valid as per the Passport Manual, 2020, unless authenticated by the foreign Government or the Indian Mission/Post abroad for the purpose of grant of passport services.

5. This Court, prima facie, finds that there is no dispute regarding the fact that the petitioner is living with her mother, who is separated from her husband (petitioner’s father). The marriage between the petitioner’s parents was solemnized in Dubai and they have been granted divorce by a competent Court in Dubai. Since the petitioner’s father is a Pakistani national, he is not in a position to apply for a passport on behalf of his daughter. Moreover, the passport authorities are not required to adjudicate upon the validity of the divorce between the petitioner’s parents; therefore, the insistence on authentication of the divorce decree by a foreign Government or Indian Mission/Post abroad appears to be unnecessary. No rule has been brought to the notice of this Court which prohibits the issuance of a passport to a minor in the absence of the father’s signature. On the contrary, the statutory provisions permit issuance of a passport to a minor at the instance of the parent having 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 process passport application No. KT1065139004625 without insisting upon the signature of the petitioner’