Madras High Court
Minor Eva Treasa vs Union Bank Of India on 17 August, 2022
Author: Abdul Quddhose
Bench: Abdul Quddhose
W.P.No.15169 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.No.15169 of 2022
Minor Eva Treasa
Represented by Guardian / Mother
Vincy Sebastian ... Petitioner
vs.
1.Union Bank of India,
Represented by the Regional Passport Officer,
First Floor, Corporation Commercial Complex,
Opp. Thandumariamman Koil, Avinashi Road,
Coimbatore, Tamil nadu - 641 018.
2.The Passport Officer,
Passport Seva Kendra,
25, AGT Business Park,
Avinashi Road,
Civil Aerodrome Post,
Coimbatore.
3.Praveen Mathew ...Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying
to issue Writ of Mandamus directing the second respondent renew the
passport R3391929 of the petitioner, pursuant to the application bearing
Reference No.IGANGZXAM3 dated 01.04.2022 without insisting for no-
objection from the third respondent.
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W.P.No.15169 of 2022
For Petitioner : Mr.Sharath Chandran
For Respondents 1 & 2 : Mr.V.Chandrasekar,
Senior Central Government Standing Counsel
For Respondent 3 : No appearance
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to renew the petitioner's passport, pursuant to her application dated 01.04.2022 without insisting for no objection certificate from the third respondent.
2. The petitioner is a minor represented by her mother, Vincy Sebastian and the third respondent is the husband of Vincy Sebastian. Out of the wedlock between Vincy Sebastian and the third respondent, the petitioner was born. There seems to be a matrimonial dispute between Vincy Sebastian and the third respondent. Vincy Sebastian is now having custody of the petitioner. The petitioner was earlier issued a passport and due to its expiry on 16.08.2022, she seeks for renewal of her passport and submitted her application on 01.04.2022. Since the said application has not been processed by the second respondent due to the fact that the consent of the 2/8 https://www.mhc.tn.gov.in/judis W.P.No.15169 of 2022 third respondent has not been obtained by the petitioner, the petitioner has filed this writ petition.
3. Heard Mr.Sharath Chandran, learned counsel for the petitioner and Mr.V.Chandrasekar, learned Senior Central Government Standing Counsel appearing for the respondents 1 and 2. Though the third respondent having been served and his name is having been printed in the cause list today, there is no representation on his side.
4. According to the petitioner, the requirement of filing of Annexure 'C' (no objection certificate from the third respondent) has been done away with pursuant to 2016 amendment to the passport rules which has been published by the Ministry of External Affairs and the relevant portion is extracted hereunder:
“A three-member Committee comprising of the officials of the Ministry of External Affairs and the Ministry of Women and Child Development was constituted to examine various issues pertaining to passport applications where mother/ child has insisted that the name of the father should not be mentioned in the 3/8 https://www.mhc.tn.gov.in/judis W.P.No.15169 of 2022 passport and also relating to passport issues to children with single parent and to adopted children. The Report of the Committee has been accepted by the Minister of External Affairs.
The following policy changes have been made inter-alia on the basis of the recommendations of this Committee:
(i) The online passport application form now requires the applicant to provide the name of father or mother or legal guardian, ie., only one parent and not both. This would enable single parents to apply for passports for their children and to also issue passports where the name of either the father or the mother is not required to be printed at the request of the applicant.
(ii) The total number of Annexes prescribed in the Passport Rule, 1980, has been brought down to 9 from the present 15. Annexes A, C, D, E, J, and K have been removed and certain Annexes have been merged.
(iii) All the annexes that are required to be given by the applicants would be in the form of a self-declaration on a plain paper. No attestation/swearing by/before any Notary/Executive Magistrate/First Class Judicial Magistrate would be henceforth necessary.
(iv) Married applicants would not be required to provide Annexure K or any marriage certificate.4/8
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(v) The Passport application form does not require the applicant to provide the name of her/his spouse in case of separated or divorced persons. Such applicants for passports would not be required to provide even the Divorce Decree.” According to the petitioner, in view of the aforementioned circular, there is no necessity for getting consent from the third respondent.
5. No prejudice would be caused to the third respondent if the petitioner's application dated 01.04.2022 seeking for renewal of her passport is considered on merits and in accordance with law after affording a fair hearing to the petitioner including granting the petitioner as well as her mother the right of personal hearing in the light of 2016 amendment to the Passport rules which has been extracted supra.
6. For the foregoing reasons, this Court directs the second respondent to pass final orders on the petitioner's application dated 01.04.2022 seeking for renewal of her passport on merits and in accordance with law after affording a fair hearing to the petitioner and her mother including granting them the right of personal hearing in the light of 2016 amendment to the 5/8 https://www.mhc.tn.gov.in/judis W.P.No.15169 of 2022 Passport rules referred to supra within a period of eight weeks from the date of receipt of a copy of this Order.
7. With the aforesaid direction, this writ petition is disposed of. No costs.
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1.Union Bank of India, Represented by the Regional Passport Officer, First Floor, Corporation Commercial Complex, Opp. Thandumariamman Koil, Avinashi Road, Coimbatore, Tamil nadu - 641 018.
2.The Passport Officer, Passport Seva Kendra, 25, AGT Business Park, Avinadhi Road, Civil Aerodrome Post, Coimbatore.
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