* THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR + WRIT PETITION No.35635 of 2024 % Dated 25-07-2025 Between:

# Ms. Tejaswini Vishwanath ... Petitioner and $ The Union of India, Ministry of External Affairs, South Block Cabinet, Secretariat, Raisina Hill, New Delhi – 110011 and others.

…. Respondents ! Counsel for the Petitioner : Mr. J.Suresh Rao ^ Counsel for the respondents : Mr. A. Kranthi Kumar Reddy < GIST : --- >HEAD NOTE : ---

? Cases referred: :

THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR

ORDER

Aggrieved by the action of the respondent No.2, Regional Passport Officer, in refusing to process the Passport Application No.HY1066442243124 dated 10.04.2024 under Service Type Fresh and Type of Application Normal for Tejaswini Vishwanath, who is a minor petitioner represented by her biological father Sri Shailender Vishwanath, the present writ petition is filed.

2. Facts in brief as stated in the present writ petition are as under: 3. The father of the minor petitioner married one Vanapally Varalaxmi on 27.03.2008 and out of their wedlock they were blessed with a baby girl, who is minor petitioner (hereinafter referred to as ‘the petitioner’), on 08.12.2009 and now she is studying X Class at Olivemount Global School, Attapur, Hyderabad. Thereafter, the mother of the petitioner deserted petitioner’s father company on 12.12.2012 while he was working in USA and at that time the petitioner was three years old. At present, the father of the petitioner is a permanent citizen of USA.

4. The father of the petitioner filed a petition in O.P. No.290 of 2023 under Section 13(1)(ib) of the Hindu Marriage Act, 1955 against his wife seeking dissolution of marriage solemnized on 27.03.2008 and also filed a petition in O.P. No.287 of 2023 under Section 7, 10 and 25 of Guardian and Wards Act seeking permanent custody of his daughter (petitioner) that were allowed vide orders dated 27.02.2024. The petitioner is interested in pursuing Pilot course and after completion of her graduation would like to join her father at USA. Hence, applied for the Passport on 10.04.2024 vide Application No.HY1066442243124. The respondent No.2 has refused to issue the Passport stating the reason that “In cases where one parent renounced the Indian Citizenship and the other parent is still an Indian citizen, the citizenship of the minor shall be of that person who has legal custody of that minor child and the eligibility of an Indian Passport will be determined on the basis of his/her citizenship.” Challenging the same, petitioner filed the present writ petition.

5. On behalf of the respondent No.2, Regional Passport Officer, while denying the writ averments, had filed counter affidavit, inter alia, stating that the father of the petitioner has applied for Passport of his minor daughter on 10.04.2024 vide Application No.HY1066442243124 under fresh category and subsequently received an adverse Police verification report on 18.04.2024 with the remarks stating that “the Applicant not residing in the given address hence not recommended”. Thereafter, respondent No.2 issued an objection letter dated 19.04.2024 requesting the father of the minor petitioner to furnish clarification/explanation within 30 days. However, no response was received. The father of the petitioner, at the time of submitting fresh passport application on 10.04.2024, declared that earlier he had submitted an application for Passport in the year 2022 vide File No.HY1064493135722 and the same could not be processed due to lack of documents and requested to close the file.

6. From the fresh passport application dated 10.04.2024, it is informed that the father of the petitioner has acquired the citizenship of USA after renunciation of Indian Citizenship. As per the guidelines mentioned in Para No.3.2(ii) under Chapter 9 of the Passport Manual- 2020 that “In cases where one parent renounced the Indian Citizenship and the other parent is still an Indian Citizen, the citizenship of the minor shall be of that perso