A single parent can apply for a passport for their minor child without the other parent's consent if statutory requirements are fulfilled.

ORDER:

The petitioner, a minor aged about 4 years, is represented by her mother and natural guardian – Dr.Sana Fatima. The petitioner prays for a direction on the respondent No.2/the Regional Passport Officer, Hyderabad for issuing a passport.

2. It may be recorded that the respondent No.3/private respondent has remained unrepresented despite service of notice. The Cause List however reflects the name of an Advocate representing the respondent No.3.

3. The case made out in the writ petition is that the petitioner and her mother have been deserted by their father and husband (the respondent No.3). The respondent No.3 is a citizen of the United States of America. The petitioner questions the letter dated 10.09.2024 issued by the respondent No.2/the Regional Passport Officer, Hyderabad requiring the consent of the other parent or permission from a Court for issuing the passport. This document forms the basis of the challenge in the writ petition.

4. Counsel submits that the fact of the petitioner’s mother/ Dr.Sana Fatima being estranged from her husband/the respondent No.3 would be evident from the petition for dissolution of marriage filed by the petitioner against the respondent No.3 under the provisions of The Muslim Marriage Act, 1939 . The divorce proceeding was filed before the City Civil Court, Hyderabad in 2023 and is pending as on date. The petitioner’s mother prayed for a decree of divorce dissolving the marriage solemnized on 13.11.2017 between the petitioner’s mother and the respondent No.3.

5. Counsel submits that the respondent No.3 deserted the petitioner and that the minor is in the exclusive custody of her mother/Dr.Sana Fatima. Counsel relies on The Passport Rules, 1980 (the 1980 Rules) and Column 16 of the guidelines for filling up an application form in particular cases including by a single parent who is not in a position to get the consent of the other parent. Counsel also relies on a judgment passed by a Co-ordinate Bench in L.Deepika Vs. Union of India , 2022 SCC OnLine TS 2481 in support of the argument that a single parent cannot be asked to follow unreasonable requirements for issue of passport to the minor child which is contrary to The Passports Act, 1967 (the 1967 Act) and the 1980 Rules.

6. The learned Deputy Solicitor General of India, appearing for the Union of India and the passport authorities, relies on an Office Memorandum issued by the Ministry of External Affairs dated 31.07.2024 as well as a clarification dated 08.03.2018 to urge that passports to minor children whose parents have obtained foreign citizenship or have renounced their Indian citizenship must abide by the clauses in the Office Memorandum.

7. I have heard learned counsel appearing for the petitioner and the learned Deputy Solicitor General of India for the respondent authorities and considered the relevant provision s of The Passports Act, 1967 and The Passport Rules, 1980 .

8. From the material on record it is evident that Dr.Sana Fatima is a single parent to the extent of having exclusive custody of the minor child. It is also undisputed that the parents of the minor are estranged in view of the pending divorce proceedings before the City Civil Court, Hyderabad. The only issue which falls for consideration is whether the Office Memorandum of 31.07.2024 can affect the right of the minor child for being considered for issuance of a passport and whether Dr.Sana Fatima (the single parent) has complied with the statutory requirements for processing of the passport applications.

Relevant Statutory Provisions

9. Column 16 in Section III of the Guidelines for filling up of Application Forms under the 1980 Rules provides for cases where a single parent can furnish a sworn affidavit before the Ministry stating the facts of the case along with documentary proof as per Annexure ‘C’. The relevant part of Column 16 is extracted below:

“…In the NORMAL COURSE the signature/consent of both parents is required for issue of a passport to the minor (A