Telangana High Court
Sai Avyusha Rajanala vs The Union Of India on 21 March, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.7054 OF 2024
ORDER:
Heard Mrs. Vasudha Nagaraj, learned counsel appearing on behalf of petitioner and learned Counsel representing Mr.Gadi Praveen Kumar, Dy. Solicitor General of India, appearing on behalf of respondent Nos.1 and 2.
2. The petitioner approached Court seeking the prayer as under:
"to issue a Writ, Order or Direction more particularly one in the nature of a Writ of Mandamus declaring that the refusal of Respondent No 2 in not processing Application. No. HY1076320790524 dated 4-03-2024 of the minor child Ms Sai Avyusha Rajanala by insisting upon consent, permission from family court and inclusion of name of Respondent No 3 by letter dated 11-03-2024 as arbitrary, unlawful and in violation of the Passport Act, 1967 and the Passport Rules 1980 and to set aside the same and to consecutively direct the Respondent 2 to forthwith consider Application. No. HY1076320790524, dated 04.03.2024 for issuance/renewal of passport of petitioner and pass such other order or orders as deemed fit and necessary in the circumstances of the case."
3. The case of the petitioner, in brief, as per the averments made by the petitioner in the affidavit filed 2 SN, J W.P. No.7054 of 2024 by the petitioner in support of the present writ petition, is as follows:
a) The Petitioner is a minor Child represented by petitioner's mother/guardian Mrs. K. Keerthi, who has applied for renewal of petitioner's child's passport bearing No.T8119463 which is due to expire on 17.09.2024. The mother/guardian of the petitioner has submitted online application bearing No.HY1076320790524, dated 04.03.2024 to respondent No.2 along with all the requisite documents and fees prescribed, with a request to renew the said passport.
The same was not considered by the respondent No.2 on the ground that, there is court case for divorce/custody of the minor child i.e. the petitioner herein is pending vide GWOP No.38 of 2020 on the file of Additional Family Court at City Civil Court, Hyderabad. Through an interim order in GWOP No.38 of 2020 the mother/guardian of the petitioner was granted custody of the petitioner and granted visitation rights to respondent No.3 herein.
b) It is the specific grievance of the petitioner that the 2nd respondent instead of renewing the petitioner's passport, had issued notice dated 11.03.2024 calling upon the petitioner to furnish consent of respondent No.3 or to obtain a court order directing the Authority to issue the passport without the 3 SN, J W.P. No.7054 of 2024 consent of the respondent No.3 for issuance of passport facilities to the petitioner in response to the petitioner's application for renewal of passport vide application bearing No. No.HY1076320790524 dated 04.03.2024. Aggrieved by the Notice dated 11.03.2024 issued by the 2nd respondent, the petitioner approached the Court by way of filing the present Writ petition. Hence, the present Writ petition.
4. It is represented by the learned counsel appearing on behalf of petitioner that, the subject issue in the present writ petition is squarely covered by the order passed by this Court in W.P.No.35003 of 2023 dated 02.01.2024 and also the order passed in W.P.No.7207 of 2023 dated 19.06.2023.
5. Learned counsel for the petitioner further contends that the mother/guardian of the minor petitioner had submitted all the required documents pertaining to the petitioner and petitioner's daughter including submission of Annexure 'C' which pertains to declaration by the applicant's parent or guardian for issue of passport of minor child but the minor petitioner's father had not given consent. The Regional Passport Authority did not consider the application of the petitioner seeking issuance or renewal of petitioner's passport on the basis of application vide application No. 4 SN, J W.P. No.7054 of 2024 No.HY1076320790524 dated 04.03.2024 without inclusion of minor petitioner's father's name.
6. Learned counsel representing learned Deputy Solicitor General of India does not dispute that the subject issue in the present case is squarely covered by the order passed by this Court in W.P.No.35003 of 2023 dated 02.01.2024 and also the order passed in W.P.No.7207 of 2023 dated 19.06.2023, but however, contends that it may be observed that if any affidavit is required by the department, the petitioner shall undertake to furnish as called for by the Regional Passport Office, Secunderabad i.e. respondent No.2 herein.
7. The Order Impugned dated 11.03.2024 issued by the 2nd respondent to the petitioner herein, reads as under:
"On processing of the Application form, the following shortcomings came to notice:
You have submitted Annexure C(ii)(d) mentioning ongoing court case for divorce/custody of the minor child along with passport application.
As per the existing instructions and guidelines from the Ministry of External Affairs, the passport application of a minor child can be processed further on submission of one of the following two requirements:
1. The consent of the other parent.5
SN, J W.P. No.7054 of 2024 Permission from the Court to issue passport to the minor child without the consent of the other parent.
2. The application of the minor applicant will be processed further on submission of your consent letter to include the name of the Biological father."
8. The order passed by this Court in W.P.No.35003 of 2023 dated 02.01.2024, in particular paragraph No.6, of the said order reads as under:
" Taking into consideration the aforesaid facts and circumstances of the case and duly considering the submissions made by the learned counsel representing the learned Deputy Solicitor General of India, and duly considering the view of this Court in its judgment dated 19.06.2023 passed in W.P.No.7207 of 2023 and order dated 13.10.2022 passed in W.P.No.31096 of 2023, whereunder Chapter-9 Para 4(4.6) of Passport Manual, 2020 had been considered earlier by this Court and duly considering Chapter 9, Para 4 (4.3) and Chapter 9 Para 4 (4.9) (referred to and extracted above), this writ petition is disposed of directing respondent No.2 to consider the case of the minor petitioner (Ms. Poorvika Karri (Minor) to renew or issue the passport of the petitioner applied on 13.10.2023 without Biological father name duly considering Annexure C as per law and procedure provided under Rule 5 read with Annexure 'C' of Part I Schedule III of the Passport Rules, 1980, within a period of one (01) week from the date of receipt of a copy of this order, in accordance to law and duly communicate its decision to the petitioner. It is further observed that respondent No.2 is at liberty to call for any affidavit as required by the respondent-authority for the purpose of considering the petitioner's request as per the provisions of the Passports Act, 1967."6
SN, J W.P. No.7054 of 2024
9. A bare perusal of the order impugned dated 11.03.2024 issued by the 2nd respondent indicates that the only reason for not considering minor petitioner's passport application is the non-inclusion of biological father's name i.e. 3rd respondent herein. Bare perusal of the relevant rules in terms of passport Manual, 2020 Chapter 4, Para 4 (4.3) and (4.9) read as under:
"Para-4 "Exclusion of Father/Mother name from Passport of minor in Single Parent Custody :-
4.3 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, such as divorced, divorce pending, separated or deserted, with or without visitation rights to the estranged parent".
Para-4 (4.9) "Child of unwed Mother :- In case of an unwed mother, and where the father of the child is either known or unknown, for example, a child born after a rape etc. the Single unwed parent shall furnish a declaration in Annexure-C and D of Appendix-I the name of the father should be left blank."
10. Taking into consideration the above facts and circumstances of the case and duly considering the earlier order of this Court passed in W.P.No.35003 of 2023 dated 02.01.2024 and also in W.P.No.7207 of 2023 dated 19.06.2023, the order impugned dated 11.03.2024 issued by the 2nd respondent against the 7 SN, J W.P. No.7054 of 2024 petitioner herein is set aside and the writ petition is allowed directing the 2nd respondent herein to consider the case of the minor petitioner (Ms. Sai Avyusha Rajanala (Minor) to renew or issue the passport of the petitioner applied on 04.03.2024 without Biological father's name duly considering Annexure C as per law and procedure provided under Rule 5 read with Annexure 'C' of Part I Schedule III of the Passport Rules, 1980, within a period of three (03) weeks from the date of receipt of a copy of this order, in accordance to law and duly communicate its decision to the petitioner. It is further observed that respondent No.2 is at liberty to call for any affidavit as required by the respondent-authority for the purpose of considering the petitioner's request as per the provisions of the Passports Act, 1967. However, there shall be no order as to costs.
As a sequel, miscellaneous petitions, if any, pending in the writ petition shall also stand closed.
__________________________ MRS JUSTICE SUREPALLI NANDA Date: 21st March, 2024 Note: Issue cc by tomorrow B/o:ksl