Telangana High Court
Tanishka Parmar vs The Union Of India on 2 January, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.32012 OF 2023
ORDER:
Heard Mr.Srikanth Chintala, learned counsel appearing on behalf of the petitioner and Ms. Mani Deepika, learned counsel appearing on behalf of the respondents.
2. The petitioner approached the Court seeking prayer as under:
"to issue an order, writ, or direction more particularly in the nature of writ of mandamus or any other appropriate writ declaring the action of respondent No.2 in not re-issuing the passport to the petitioner, passport bearing No.S3110513, pursuant to her application bearing No.23- 1003696549 dated 12.05.2023 despite paying requisite fee in accordance to the passports Act, 1967 and rules therein and without giving any valid reason till date as illegal, arbitrary, and violation of principles."
3. Counter affidavit filed by respondents, in particular, paragraph Nos.7 and 8 reads as under:
"7. It is humbly submitted that Ms. Kirti Chandel has again applied for passport reissue to her minor child Ms. Tanishka Parmar vide file No.HY1075355723323 dated 12.05.2023 in continuation of passport bearing no. S3110513 dated 09.05.2017( Applicant is 17 years old) under Lost Category by furnishing Divorce Decree 2 WP_32012_2023 SN,J order vide O.P.No. 1678 of 2021 dated 17.09.2022 issued at I Addl Family Court, City Civil Court at Hyderabad wherein there is no mention of Childrens custody or visitation rights in the divorce order. The mother has furnished Annexure -C stating "The father is separated and no court case is pending before the Court regarding divorce/marital dispute/custody of the child;
or/ and. (Annx-VI).
8. It is humbly submitted that, this office has already issued the passport to the Petitioner Ms. Kirti Chandel and as well as her elder daughter Ms. Tanya Parmar (Who is now major). The application of Minor Tanishka Parmar is pending for want of a Specific order regarding custody in favour of the mother, since previously father had filed complaint disputing the custody of the minor children. This office can reconsider the re-issue application of the Petitioner, if both the parents are signing in the Annexure-D of the passport application form or as per the directions of the Hon'ble Court."
4. The relevant portion dealing with the issue of passport to minors is referred under Clause - 4 which reads as under:
"9. Issue of Passport to Minors
4. SPECIAL CASES OF MINORS REQUIRING PASSPORTS Children of divorced parents 4.4. Application from divorced parents for issue of passports to their minor children has to be processed with care and diligence. Whereas the divorce of parents does not result in severance of the relation between the child and the parent, unless the parent has legally disowned the child, the child's right to have a 3 WP_32012_2023 SN,J passport and travel abroad cannot be denied on such grounds. Children also have a fundamental right to travel and the other parent cannot wilfully prevent them from travelling abroad. These realities have been taken into account while processing applications for passports from children in the custody of single parents.
4.5. A court decree granting divorce would normally award custody of the minor child/ children to either parent. The PIA must ensure that the application for the minor's passport is entertained only from such parent who has been granted custody by the court. While doing so, the PIA must also satisfy himself that the period of limitation for appeal against such decree has expired before issuing the passport. PIA must also ensure that if the other parent has visitation or other rights on the child as per court order, the consent of the other parent is also furnished. However, in rare cases where one of the parents wilfully refuses to give consent or inordinately delays consent or objects in writing to the PIA against issue of passports to his/her children residing with other parent without any cogent reason, and thus denying the fundamental right of the children to travel, passports may be issued to the child/children, after receipt of an affidavit in the form of Annexure 'C' obtained from the parent having the custody of the children, stating that the other parent is wilfully denying or not granting permission for issue of passports to the children. The other parent should be informed in writing in advance by the PIA of the proposed issue of passport to children at the request of the parent who is having the custody of the children. It will then be the responsibility of the other parent to approach the courts for suitable redressal."
4 WP_32012_2023 SN,J
5. A bare perusal of Clause 4.5 clearly indicates that the plea taken in the counter affidavit at paragraph No.8 of the respondent Passport Authority that this office can reconsider the re-issue application of the petitioner, if both the parents are signing in the Annexure-D of the passport application form is untenable.
6. In view of the clear procedure stipulated under Clause 4.5, this Court opines that the Regional Passport Authority should consider the prayer as sought for by the petitioner in the present writ petition for renewal/reissuing passport to the petitioner vide passport bearing No.S3110513 dated 09.05.2017 pursuant to petitioner's application bearing No.23-1003696549 dated 12.05.2023, duly taking into consideration the Clause 4.4 and 4.5 of the Passport manual 2020 which is referred to and extracted above.
7. Taking into consideration the aforesaid facts and circumstances of the case, the present writ petition is disposed of directing respondent No.2 - Regional Passport Officer, to consider the request of the petitioner to reissue/renew the passport of the petitioner bearing No.S3110513 dated 09.05.2017, 5 WP_32012_2023 SN,J pursuant to petitioner's application bearing No.23-1003696549 dated 12.05.2023 within a period of two (02) weeks from the date of receipt of a copy of this order and duly communicate the decision to the petitioner. It is observed that the respondent passport authority is at liberty to seek any undertaking from the petitioner in the form of an affidavit as per the relevant rules and procedures in force. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
___________________________________ MRS JUSTICE SUREPALLI NANDA Date:02.01.2024.
Note: CC in two days.
B/o.HK