Delhi High Court - Orders
Pritam Dey vs Union Of India & Ors on 7 January, 2026
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 19685/2025 and CM APPL. 82139/2025
PRITAM DEY .....Petitioner
Through: Mr Akshay Chandra, Mr. Deeparghya
Datta and Mehuli Mahapatra,
Advocates.
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Ruchir Mishra, Mr. Sanjiv kr
Saxena, Mr. Mukesh kr Tiwari, Ms
Reba Jena Mishra, Ms poonam
Shukla, Advocates for R-UOI.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 07.01.2026
1. Learned counsel appearing on behalf of the respondents places reliance on an instruction furnished by the Department, which is extracted as under:-
"Sir, Reference trailing mail and W.P. (C.) NO 19685 OF 2025-Pritam Dey Vs. Union of India & Ors.
2. As per existing policy, in re-issue cases, for addition of spouse name, marriage certificate or duly filled Annexure-J is required and for deletion/change of spouse name, divorce order/decree is required.
3. Passport Issuing Authorities (PIAs) may refuse to accept any ex-parte foreign divorce judgment even if it's duly apostilled/ authenticated by foreign Government or Indian Mission/ Post abroad for purpose of grant of any passport service. In case of mutually agreed or mutually properly This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/01/2026 at 20:32:06 contested divorce cases also, an application must be submitted by the parties at the competent Indian civil court and a declaratory order authenticating and confirming that the foreign divorce decree is in accordance with Indian law must be obtained by the concerned parties, before the mutual/contested foreign divorce is accepted by PIAs for grant of any passport service.
4. Since petitioner's marriage was solemnized as well as registered in India under domestic laws and the divorce was granted by a foreign court (Supreme Court of British Columbia, Canada), for removal of his ex-spouse name from passport. he is required to submit a declaratory order from the competent Indian civil court authenticating and confirming that divorce decree dated 04.04.2024 granted by the Supreme Court of British Columbia is in accordance with Indian law. The same has been conveyed to the petitioner by CGI, Vancouver.
5. You are requested to take note of the above and defend the interest of Union of India accordingly."
2. Learned counsel, who appears on behalf of the petitioner however points out from the Office Memorandum of Ministry of External Affairs dated 18.11.2020 that apostilled document should be treated as legalised document in India by all concerned, in accordance with the international obligation. Paragraph no.2 of the said office memorandum is extracted as under:-
"2. It has been brought to the notice of this Ministry that some institutes/organizations/establishments in India demand an apostilled document of a member country to be further attested by the Indian Mission/Post in that country. It is clarified that no further attestation or legalization of an apostilled document should be required in India as India is a member of the Hague Apostille Convention. An apostilled document should, therefore, be treated as legalized document in India by all concerned, in accordance with the international obligation under the Hague Apostille Convention."
3. Under these circumstances, the Court directs the respondent authority to clarify as to on what basis, the declaration by a competent Indian Civil Court is required for authenticating and confirming the foreign document.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/01/2026 at 20:32:06
4. Let an affidavit qua the aforesaid aspect be filed by the competent officer within a period of fifteen (15) days from today.
5. List on 09.02.2026.
PURUSHAINDRA KUMAR KAURAV, J JANUARY 7, 2026 Nc/ amg This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/01/2026 at 20:32:06