HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.8899 of 2025

ORDER

Heard learned counsel for the petitioners and Ms.NVR Rajya Lakshmi, learned standing counsel appearing on behalf of respondent Nos.1 and 2.

With their consent, the writ petition is being taken up for disposal.

2. This writ petition is filed seeking the following prayer:- “to declare the action of the Respondent No.2 in not considering the application given for issuance of the Passport to the Minor petitioners on the ground that consent of the other parent or a Court order for the same is required and letter ref No.OBJ/320121295/24, dt 28.11.2024 to the 1st petitioner and letter bearing ref No.OBJ/320121301/24 dated 28.11.2024 to the 2^nd Petitioner, as illegal, arbitrary, violation of Fundamental Rights such as Article 14, 19 and 21 of the Constitution of India apart from the law laid down by this Honble Court in WP No.25962 of 2024 and consequently direct the Respondents No.1 and 2 to issue passport to the Minor Avantika Paneri aged about 15 years and Ashvika Paneri aged about 17 years, the Writ Petitioners herein bearing Passport Application Number HY1077056158124 of the 1st petitioner and Application No.HY1077056595124 of the 2nd petitioner is illegal, arbitrary and violation provisions of the Passport Act, 1967 .”

3. Brief facts in this writ petition are that petitioners are minors being represented by their mother i.e., Ms.Kamini Paneri. Petitioners’ parents got married on 02.12.2003 and due to some disputes with her husband, petitioners’ mother under the provision of the Hindu Marriage Act, 1955 had filed divorce application vide H.M.A.Case No.499 of 2019, before the Family Court at Delhi. Later, the said case was transferred from the Family Court at Delhi to Family Court at Malkajgiri and renumbered as F.C.OP.No.808 of

2023 and the same is still pending.

4. Learned counsel for the petitioners submits that after desertion, petitioners are staying with their mother and on expiry of petitioners passports’ bearing Nos.U6087818 and U6090513, petitioners’ vide applications dated 24.10.2024 applied for renewal of passports and the respondent No.2 issued objections vide reference Nos.OBJ/320121295/24 and OBJ/320121301/24 dated 28.11.2024, stating that “as per the existing instructions and guidelines from the Ministry of External Affairs, the passport applications of the minor child can be processed further on submission of one of the following two requirements:

1) The consent of the other parent

2) Permission from the Court to issue passport to the minor child without the consent of the other parent.” Aggrieved by the same, this writ petition is filed.

5. Learned counsel for the petitioners submits that as per the guidelines issued in Column 16 of the Passport Rules 1980, the signature of petitioners’ mother alone is sufficient for renewal of the passports and pray this Court to direct the the respondent authorities to consider the renewal applications dated 24.10.2024 and issue passport to the petitioners.

6. Learned standing counsel appearing for respondent Nos.1 and 2 placed on record instructions issued by Deputy Passport Officer, Hyderabad, relevant portion is extracted hereunder:-

“vide a letter dated 26.03.2025, petitioners’ mother was advised to furnish a copy of divorce decree/Court order or divorce petition/application along with specimen declaration along specimen declaration for consideration of the applications. Reply from her is yet awaited.”

7. At this stage, learned counsel for the petitioners seeks permission of this Court to submit the divorce petition/application along with specimen declaration for consideration of the applications before the respondent authorities and further pray this Court to direct the respondent authorities to consider the same and issue passport to the petitioners.

8. Recording the submission made by learned counsel appearing on either side and without expressing any opinion on the merits of the case, this writ petition is d