Mr Prakash B V vs The Regional Passport Officer on 1 August, 2022

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Karnataka High Court

Mr Prakash B V vs The Regional Passport Officer on 1 August, 2022

Bench: Krishna S.Dixit

                          1




  IN THE HIGH COURT OF KARNATAKA, BENGALURU

       DATED THIS THE 1ST DAY OF AUGUST, 2022

                       BEFORE

       THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

  WRIT PETITION NO.6267 OF 2022(GM-PASS)

BETWEEN:

MR PRAKASH B V,
AGED ABOUT 52 YEARS,
S/O VENKATESH K,
R/AT NO.B-1201, AMODA VALMARK APT,
DODDA KAMMANAHALLI ROAD OFF,
BANNERGHATTA ROAD,
BENGALURU -560 083.
                                         ... PETITIONER
(BY SRI.PRAKASH B V,ADVOCATE)

AND:

1. THE REGIONAL PASSPORT OFFICER
   8TH BLOCK, 80 FEET ROAD,
   KORMANGALA, BENGALURU -560 095.

2. MRS. SHASHIKALA PRAKASH
   AGED ABOUT 44 YEARS,
   CLIENT OF ADVOCATE MR B N NAGARAJA,
   NO.8,(NEW NO.17), 5TH CROSS,
   VINAYAKA NAGAR
   KATHRIGUPPE MAIN ROAD
   (NEAR VIDYAPEETA CIRCLE)
   BSK 3RD STAGE, BENGALURU -560 085.
   MOBILE NO.9880036333,9844636333
                                2




   EMAIL:[email protected]
          [email protected]
                                         ... RESPONDENTS
(BY SRI. ADITYA SINGH, CGSC FOR R1;
         R2 IS SERVED AND UNREPRESENTED)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO
R-1 TO ISSUE NEW PASSPORT TO MINOR PRANAV PRAKASH, BY
DISPENSING OFF ANY APPROVAL OR CONSENT FROM R-2 AND
ETC.,

      THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-

                           ORDER

Shorn off the pleadings, the petitioner party-in-person, in terms of compromise petition allegedly filed in M.C.No.4303/2017 between himself and his estranged spouse, who happens to be a respondent herein submits that the matter can be disposed off with a direction to the learned Judge of the Court below to conclude the proceedings in the said M.C. and the companion G&WC 299/2017 in terms of compromise. He also draws attention of the Court to clause (4) of the Compromise Petition which reads as under:

"4) The first son of Petitioner and Respondent No.1, Mr. Shashank Prakash has attained the age of majority. And the second son of Petitioner and 3 Respondent No.1, Master. Pranav Prakash is in the care and custody of Petitioner/father. Furthermore, the Petitioner will be the sole legal guardian of Master. Pranav. P. The Respondent No.1 has no objection whatsoever for the Petitioner being the sole signatory on behalf of Master. Pranav. P in matters like his Passport, Visa, Education and all other governments matters."

2. Learned Central Government Counsel appearing for the respondent Regional Passport Officer fairly submits that his client is not a stakeholder in the proceedings that are pending before the Court below and that if the said proceedings culminate into a decree in terms of compromise, there would be no difficulty for considering the application of Ch.Pranav Prakash for re-issuance of passport in accordance with law and without brooking any delay. This assurance is very fair & reasonable.

In the above circumstances, ordered accordingly and the writ petition is disposed off requesting the learned VI Addl. Principal Family Judge, Bengaluru to dispose off M.C.No.4303/2017 and G&WC No.299/2017 in terms of compromise, (unless there are other reasons for not recording 4 the compromise) within an outer limit of six weeks and report compliance to the Registrar General of this Court.

Costs made easy.

Sd/-

JUDGE Snb/

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