THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR

ORDER

Questioning inaction on the part of the respondent No.2, Regional Passport Officer, in issuing the passports in favour of the petitioners 2 and 3 without the name of the father in accordance with the Clause 4.5.1 of Chapter 8 and Clause 4 of Chapter 9 of the Passport Manual 2020, petitioners filed the present writ petition.

2. It is the case of the petitioners that the petitioner No.1 married with one Mr. Mohammed Kashif under Siyah/Nikahnama on 20.08.2016 and they were blessed with two children i.e. petitioners No.2 and 3. Thereafter, due to incompatibility between the petitioner No.1 and her husband they decided to end the matrimonial relationship by way of mutual consent Qula/Divorce and entered into a settlement deed dated 15.12.2024 and both are living separately.

3. While so, since the petitioners No.2 and 3 are under the custody of the petitioner No.1, she submitted applications to the respondent No.2 for issuance of passports in favour of the petitioners No.2 and 3 but the respondent No.2 authorities are not considering the said applications and kept pending the same as “Escalate Case”, which is illegal and arbitrary. Hence, the petitioners filed the present writ petition.

4. On the other hand, the learned Standing Counsel appearing for the respondents has placed a copy of the written instructions dated 25.03.2025, based on which, it is submitted that the petitioner No.1 has to furnish the name of the father of the petitioners No.2 and 3 to process the application for issuance of passports subject to usual checks. The learned Standing Counsel has drawn the attention of this Court to the Clause 4.3 of the Passport Manual 2020, which reads as under:

“in case of minor children of married parents, the name of father/mother shall be furnished by the other single parent having the custody of the child, irrespective of the status of their marriage, as such, divorced, divorce pending, separated or deserted, with or without visitation rights to the estranged parent.”

5. After arguing at length, the learned counsel for the petitioners submitted that appropriate details will be furnished in the application enabling the authorities to process the application for issuance of Passports to the petitioners No.2 and 3.

6. In that view of the matter, without going into the merits of the case, this writ petition is disposed of, with the consent of the learned counsel for the parties, with a liberty to the petitioners to furnish the required details in the application for issuance of Passports to the respondents No.2 and 3 in terms of the Clause 4.3 of the Passport Manual 2020, within a period of two (2) weeks from the date of receipt of a copy of this order. On furnishing such information by the petitioners, the respondents authority are directed to consider the same and pass appropriate orders thereon, in accordance with law, within a period of four (4) weeks thereafter. There shall be no order as to costs.

As a sequel, miscellaneous applications, if any pending, shall stand closed.

________________________________

JUSTICE N.V. SHRAVAN KUMAR Date: 01.04.2025 LSK