Karnataka High Court
Sujatha Sadhasivam vs State Of Karnataka on 22 January, 2026
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2026:KHC:3886
CRL.P No. 2569 of 2025
C/W CRL.P No. 396 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 2569 OF 2025 (482(Cr.PC) /
528(BNSS))
C/W
CRIMINAL PETITION NO. 396 OF 2025
IN CRL.P No. 2569/2025:
BETWEEN:
BALASUBRAMANIAN
S/O S. SADASIVAM
AGED 46 YEARS
HAVING ADDRESS AT PLOT NO.58 AND 59
MEERA HOMES FLAT, 102,
DEVIKARUMARIAMMAN NAGAR
2ND STREET, PALLIKARANAI
CHENNAI-600 100
...PETITIONER
(BY SRI. R. MADHUSUDHANA REDDY, ADVOCATE)
Digitally signed
by SANJEEVINI AND:
J KARISHETTY
Location: High 1. STATE OF KARNATAKA
Court of
Karnataka THROUGH HEBBAGODI POLICE STATION
ELECTRONIC CITY, BOMMASANDRA
BENGALURU-560 099
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
BENGALURU-560001
2. KIRTHIKA SETHURAMAN
D/O R. SETHURAMAN
AGED ABOUT 41 YEARS
RESIDING AT NO. 311, VMAKS
ROSEBAY APARTMENTS,
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14TH CROSS, SHREE ANANTHA NAGAR
PHASE-2, HUSKUR GATE,
ELECTRONIC CITY PHASE-1
BENGALURU-560 100
...RESPONDENTS
(BY SRI. K. NAGESHWARAPPA, HIGH COURT GOVERNMENT PLEADER
FOR RESPONDENT NO.1;
SMT. H.S.POORNIMA, ADVOCATE FOR RESPONDENT NO.2)
THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C (U/S 528
BNSS) PRAYING TO CALL FOR THE RECORDS IN C.C.NO.5938/2024
SPLIT UP AS C.C.NO.9209/2024 PENDING ON THE FILE OF THE
LEARNED IV ADDITIONAL CIVIL JUDGE AND JMFC, ANEKAL AND
QUASH THE CHARGE SHEET NO.281/2024 DATED 04.12.2024 IN
CRIME NO.325/2024 BY THE HEBBAGODI POLICE STATION, FOR THE
OFFENCES PUNISHABLE UNDER SECTION 506 OF IPC, AS REGARDS
TO THE PETITIONER HEREIN, PENDING BEFORE THE LEARNED IV
ADDITIONAL CIVIL JUDGE AND JMFC, ANEKAL, BENGALURU RURAL
AND ETC.
IN CRL.P NO. 396/2025
BETWEEN:
SUJATHA SADHASIVAM
D/O S. SADASIVAM
43 YEARS,
HAVING PERMANENT ADDRESS AT
PLOT NO.58 AND 59
MEERA HOMES FLAT 102,
DEVIKARUMARIAMMAN NAGAR
2ND STREET, PALLIKARANAI
CHENNAI-600 100
...PETITIONER
(BY SRI. R. MADHUSUDHANA REDDY, ADVOCATE)
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CRL.P No. 2569 of 2025
C/W CRL.P No. 396 of 2025
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AND:
1. STATE OF KARNATAKA
THROUGH HEBBAGODI POLICE STATION
ELECTRONIC CITY, BOMMASANDRA
BENGALURU-560 099
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
BANGALORE-01.
2. KIRTHIKA SETHURAMAN
DAUGHTER OF R. SETHURAMAN
AGED ABOUT 41 YEARS
RESIDING AT NO.311,
VMAKS ROSEBAY APARTMENTS,
14TH CROSS, SHREE ANANTHA NAGAR
PHASE-2 HUSKUR GATE,
ELECTRONIC CITY PHASE-1
BENGALURU-560 100
...RESPONDENTS
(BY SRI. K. NAGESHWARAPPA, HIGH COURT GOVERNMENT
PLEADER FOR RESPONDENT NO.1;
SMT. H.S.POORNIMA, ADVOCATE FOR RESPONDENT NO.2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS)
PRAYING TO CALL FOR THE RECORDS IN C.C.NO.5938/2024 SPLIT
UP AS C.C.NO.9209/2024 PENDING ON THE FILE OF THE LEARNED
IV ADDITIONAL CIVIL JUDGE AND JMFC, ANEKAL AND QUASH THE
CHARGE SHEET NO.281/2024 IN CRIME NO.325/2024 FILED BY THE
HEBBAGODI POLICE STATION FOR THE OFFENCE PUNISHABLE
UNDER SECTION 506 OF IPC, PENDING BEFORE THE LEARNED IV
ADDL. CIVIL JUDGE AND JMFC, ANEKAL AND ETC.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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C/W CRL.P No. 396 of 2025
HC-KAR
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners - husband and sister in-law respectively, of respondent No.2 - complainant, in both these petitions, are before this Court seeking quashment of the proceedings registered in C.C.No.9209/2024, pending on the file of the IV Additional Civil Judge and Judicial Magistrate First Class, Anekal, Bengaluru Rural, for the offences punishable under Sections 506 read with 34 of the IPC.
2. Heard Sri. R. Madhusudhana Reddy, learned counsel appearing for the petitioners; Sri. K. Nageshwarappa, learned High Court Government Pleader appearing for respondent No.1 and Smt. H. S. Poornima, learned counsel appearing for respondent No.2.
3. The warring couple was before the Family Court in M.C.No.575/2023 and have settled the dispute amongst themselves by drawing up certain terms of settlement before the Mediation Centre. The terms of settlement so drawn are as follows:
-5-NC: 2026:KHC:3886 CRL.P No. 2569 of 2025 C/W CRL.P No. 396 of 2025 HC-KAR "MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005 I. The Petitioner has filed this petition against the Respondent under Section 13(1) (i-a) of the Hindu Marriage Act 1955 for dissolution of her marriage with the respondent/husband.
II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation they have resolved their dispute and have agreed to the following terms and conditions:
1. The petitioner and the respondent are Hindus by religion. Their marriage was solemnized on 13.09.2007 at Salem, Tamilnadu as per Hindu rites and customs.
2. The parties state and admit that due to irreconcilable differences and incompatibility of temperaments, they are separated since 2015.
The efforts made by the elders, friends and well wishers to resolve the differences between the parties did not yield any fruits. There is absolutely no chance of a reunion between them. The petitioner and the respondent know that their marriage is irretrievably broken down and there are no chances of reunion to lead a happy married life. Hence, the petitioner and the respondent have decided to get the marriage dissolved by a decree of divorce.
3. Both the parties state that they have two children from their wedlock a daughter by name Ms. Pragathi now aged about 16 years and a son by name Master Guru Pranav aged about 13 years. Both are under the care and custody of the petitioner/mother and continues to be so in future, for which the respondent/father has no objection. The respondent/father can visit the minor children once in a month on 2nd Sunday between 10 a.m. to 5 p.m. with prior intimation to the petitioner/mother and the -6- NC: 2026:KHC:3886 CRL.P No. 2569 of 2025 C/W CRL.P No. 396 of 2025 HC-KAR respondent/father can talk with the minor children through video call on Saturday after 6 p.m. subject to convenience of the children.
4. Due to the respondent/father is being presently unemployed, the petitioner/mother undertakes to bear entire expenses of the minor children such as maintenance, education, medical and other incidental expenses presently.
5. The gold of 56 grams (one Gold chain with dollar, 2 gold rings, one bracelet, one gold chain gifted to the petitioner during the engagement and one gold dollar) and 2 keys one Honda CB twister two wheeler belonging to the respondent is with the petitioner. She has agreed to return the same to the respondent before the Hon'ble Court at the time of reporting settlement.
6. The respondent has given Rs.2,00,000/- (Rupees Two Lakhs Only) in the name of petitioner to a builder for purchasing the site which is un recovered. The petitioner has agreed to execute a GPA to the respondent for recovery of the same.
7. The respondent has invested some amount in two life insurance policies for which the petitioner is the insured. The petitioner has agreed to return these policies i.e. IDBI life insurance policy No.4000531161 and the other policy Kotak Life Insurance Policy which will mature on 30.11.2030 as on the condition of receipt.
8. Both parties state that they jointly owned an apartment bearing No.311 situated at VMAKS Rosebay Apartments, 14th Cross, Shree Anantha Nagar Phase II, Huskur Gate, Electronic City, Phase1, Bengaluru measuring a super built-up area of 1359 Sq.ft along with 1 car parking space. In view of this settlement the respondent has agreed to execute a release deed in favour of the petitioner releasing his share, title, interest in the said apartment. The petitioner has agreed to bear the registration expenses the aforesaid property.
9. Both parties state that they jointly owned two sites, one bearing plot No.50, Green Castles, -7- NC: 2026:KHC:3886 CRL.P No. 2569 of 2025 C/W CRL.P No. 396 of 2025 HC-KAR DTCP No.9/2015 and another site No.48, KGM Royal Palm, both sites are situated at Masakoundachetty Palyam Village, Annur Revenue Division, Annur, Coimbatore. In view of this settlement the petitioner has agreed to execute a release deed in favour of the respondent releasing her share, title, interest in the said two sites. The respondent has agreed to bear the registration expenses the aforesaid sites.
10. The parties state and agree that apart from the above they have no further claims over the moveable or immoveable assets belonging to each other, either existing or to be acquired in future.
11. Both the parties hereby declare that they have no claim of any nature whatsoever against each other either present past or future.
12. In view of this settlement arrived between the parties the petitioner has agreed to withdraw Crl. Misc No.1401/2023 pending on the file of Principal Chief Judicial Magistrate Court, Bengaluru Rural filed under D.V.Act against the respondent. Further the petitioner has agreed to co-operate in closing/quashing the proceedings in C.C.No.9209/2024 filed against the respondent pending on the file of IV Addl. Civil Judge and JMFC, Anekal.
13. The respondent has filed Crl.P.No.2569/2025 for quashing the C.C.No.9209/2024. In view of the settlement quashing the said case arrived in case the Crl.P.No.2569/2025 can be dispose off, for which the petitioner has no objection. Both the parties agreed to co-operate with each other in closing all the pending cases against each other and their family members.
14. Both the parties herein state that there is no undue influence, force, or coercion in entering into this agreement from any one or any thing.
15. Both the parties agree to withdraw all the allegations made against each other.
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16. Both the parties admit that they shall not interfere in each other's life for any reason of whatsoever from this day.
III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Court be pleased to dissolve the marriage solemnized on 13.09.2007 at Salem, Tamilnadu by granting a decree of divorce in terms of the agreement.
IV. Parties will appear on 21.06.2025 before the Hon'ble Court for passing orders in terms of the agreement."
4. The wife was not willing to sign on the terms of settlement on the score that the husband is not cooperating in giving a no-objection for the issuance of passports to the children born from the wedlock. In terms of the settlement, the custody of children is given to the mother. Now, the children are with the mother.
5. This Court, while considering an identical circumstance, in the case of S. NANCY NITHYA v. GOVERNMENT OF INDIA reported in 2022 SCC Online Kar 1614, has held as follows:
"9. To consider the issue, it is germane to notice the statutory frame work with regard to issuance of passport to a minor. Section 24 of the Passports Act, 1967 ('the Act' for short) empowers the Central Government to make Rules for carrying out the purposes of the Act. In terms of the said power, the Passports Rules, 1980 ('the Rules' for short) are made. The Rules have certain division amongst them with regard to -9- NC: 2026:KHC:3886 CRL.P No. 2569 of 2025 C/W CRL.P No. 396 of 2025 HC-KAR issuance of passport. Certain schedules are appended to the Rules with regard to necessary documents to be submitted, by an applicant seeking a passport under various schemes. Section IV of Schedule III of the Rules, deals with documents to be appended for issuance of fresh passports. Clause 3 of Section IV(A) of the Rules deals with application for a minor's passport and reads as follows:
"(3) When applying for a minor's passport attach:
(a) A Declaration from the parents/single parent/applicant parent/legal guardians, as the case may be, affirming the particulars furnished in the application about the minor child as per 'Annexure-H (for all minor applicants). Annexure "C" (Single parents who are separated but not formally divorced/Single parent of the child born out of wedlock), Annexure "G" (when passport is being applied for by single parent or legal guardian), Annexure "I"
(when a minor between 15-18 years of age applies for a full validity 10 year passport or in case either parents who do not hold valid Indian passport while applying passport for their minor child), as the case may be. Single Parents applying for the passport for their child should fill up Annexure "C" and or Annexure "G", as the case may be.
(b) Attested photocopy of passport, if any, of both parents, if applicable.
(c) Original passports of parents should be presented for verification of particulars.
(d) If one parent is resident abroad, a Sworn affidavit by the parent resident abroad attested by the Indian Mission along with affidavit from parent residing in India as well be submitted."
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NC: 2026:KHC:3886 CRL.P No. 2569 of 2025 C/W CRL.P No. 396 of 2025 HC-KAR (Emphasis supplied) In case, the parents are applying for issuance of minor's passport, a declaration from the parents/single parent/applicant parent/ legal guardians as the case would be, should be furnished about the minor child in terms of Annexure-H for minor applicants. Annexure-C for single parents, who are separated but not formally divorced/single parent of the child, born from the wedlock. Single parents applying for passport for their child Annexures-C or G, as the case would be have to be filled up. Table-2 appended to the aforesaid schedule deals with list of applicant categories and documents to be submitted. Case No.B (9) therein deals with parents separated but not divorced. Clause (11) of Case No.B deals with application filed by one parent/guardian when consent of one or both parents is not possible. The said clause reads as follows:
Fresh Passport Document No. - Normal Document No. -
Case Application Tatkaal
No. Application
B Minor
9 Parents are separated but 1 (of the parent with
not divorced whom the child is
residing), 2, 27 (if any-
with spouse name
endorsed), 46
.. .. ..
11 Applied by one 1 (of parent), 2, 27 (if any- (i) 1 (of parent), 2,
parent/guardian when with spouse name 27 (if any-with
consent of one or both endorsed), 50 spouse name
parents not possible endorsed), 50, 52
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(ii) 49 or 54
... ... ...
(Emphasis supplied)
In terms of Clause 11, one parent, when consent of the other is not possible can submit the documents in terms of Document Nos.1, 2, 27 and 50 of Table 3, which deals with overall list of documents. Document Nos.1, 2, 27 and 50 read as follows:
Document List of Documents
No.
1. Proof of Present Address. For Proof of Address attach one of the following documents:
(a) Water/Telephone (landline or post paid mobile bill)/Electricity bill/Statement of running bank account (Scheduled Commercial bank excluding Regional Rural banks and local area banks)/Income Tax Assessment Order/Election Commission Photo ID card/Gas connection bill/Certificate from Employer of reputed and widely known companies on letter head
(b) Spouse's passport copy (First and last page including family details), (provided the applicant's present address matches the address mentioned in the spouse's passport)
(c) Parent's passport copy, in case of minors (First and last page)
(d) Applicant's current and valid ration card Note.--If any applicant submits only ration card as proof of address, it should be accompanied by one more proof of address out of the given categories.60
[(e) Allotment letter of the Government accommodation issued by the Estate Office/Public Works Department of the Central/State Government in respect of their employees.
(f) Duly certified/attested extract of the service record/book of the Government employees (serving/retired) or the bona fide certificate issued by
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NC: 2026:KHC:3886 CRL.P No. 2569 of 2025 C/W CRL.P No. 396 of 2025 HC-KAR the employer in respect of servings Government employees
(g) Proof of Address (POA) issued by the India Post, Department of Posts.]
2. Proof of Date of Birth. For Proof of Date of Birth attach one of the following documents:
For applicants born on or after 26-1-1989, only Birth Certificate issued by the Municipal Authority or any office authorized to issue Birth and Death Certificate by the Registrar of Births and Deaths is acceptable. The Birth Certificate should ordinarily contain the name of child, name of father and mother, date of birth, place of birth, sex, registration number and date of registration. If the Birth Certificate doesn't contain the name of child, a declaration on plain paper signed by parents, is required to be submitted specifying the name of the child.
(a) Birth Certificate issued by a Municipal Authority or any office authorized to issue Birth and Death Certificate by the Registrar of Births and Deaths
(b) School leaving certificate/Secondary School leaving certificate/Certificate of Recognized Boards from the school last attended by the applicant or any other recognized educational institution
(c) Affidavit sworn before a Magistrate/Notary stating date/place of birth as per the specimen in Annexure "A" by illiterate or semi-
illiterate applicants (Less than 5th class) ... ... ...
27. Attested photocopy of Passport of both or either parent ... ... ...
50. A Declaration affirming the particulars furnished in the application about the minor as per Annexure "G" (one parent not given consent) In the event, a single parent is the applicant, without the consent of the other, the documents required
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NC: 2026:KHC:3886 CRL.P No. 2569 of 2025 C/W CRL.P No. 396 of 2025 HC-KAR are proof of present address, proof of date of birth, attested photocopy of passport of both or either parent and a declaration affirming the particulars furnished in the application about the minor as per Annexure-G.
10. The aforesaid are the documents required to be submitted by a single parent/applicant, when the other parent has not given consent. It is germane to notice what are Annexures-C and G, which are required in such a case. Annexure-C is the specimen declaration by applicant's parent or guardian for issuance of passport to a minor, when one parent has not given consent. Annexure-C reads as follows:
"ANNEXURE 'C' Specimen Declaration by applicant's parent or guardian for Issue of Passport to Minor when one parent has not given consent (On plain paper) I/We .............................................. (name of the parent/guardian applying for passport) resident of ...................................................... solemnly declare and affirm as under--
(I) That I/we am/are the mother/father/parents/guardians of .....................(name of the minor child) who is minor and on whose behalf I/we have made an application for his/her passport.
(II) Signature/consent of Shri/Smt...........................(name of the father/mother) who is the father/mother/parents of the child has not been obtained by me for the following one or more reasons--
(a) The father/mother of the minor applicant is travelling abroad/is on sea/travelling in India and unable to file consent; or/and
(b) The father/mother is separated and no court case is pending before the court regarding divorce/marital dispute/custody of the child; or/and
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(c) The father/mother has deserted and the whereabouts are not known; or/and
(d) There is an ongoing court case for divorce/custody of the minor child and the court has not given any order prohibiting the issue of passport without the consent of father/mother; or/and
(e) There is a court order for the custody of the minor child with a parent who is applying for the passport and consent of other parent (who has visitation rights) is not available or he/she is refusing to give consent/the other parent is not availing the visitation rights and his/her whereabouts are not known; or/and
(f) The parents are judicially separated and custody of the minor child has not been defined in the court's decree; or/and
(g) The father/mother of......................... (name of minor child) has deserted me after the conception/delivery. That..................... (name of minor child) is exclusively under my care and custody since separation/delivery.
... ... ..."
Annexure-G reads as follows:
"ANNEXURE 'G'
Ministry/Department/Office of
No............. dated.................. Applicant's Photo
(No Objection Certificate issuing officer should attest the photograph of the applicant with his/her signature and rubber stamp in such a way that half the signature and stamp appear on the photograph and half on the certificate.) No-Objection Certificate
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NC: 2026:KHC:3886 CRL.P No. 2569 of 2025 C/W CRL.P No. 396 of 2025 HC-KAR Shri/Smt/Miss.................................s/o.............................. ......, who is an Indian national, is employed in this office as..............................from...............till date. This Ministry/Department/Office has no objection to his/her obtaining a passport.
(Signature of Controlling/Administrative authority) Telephone/Fax/email............
Note--
(a) The officer authorized to issue NOC should sign with name and stamp and must provide contact details for verification by Passport Authority.
(b) NOC will be valid for six months from date of issue."
The above are the requirements under the schedules appended to the Rules. Apart from these schedules appended to the Rules, the 1st respondent appears to have notified a Passport Manual. The Passport Manual further depicts certain situations where issuance of passport to a minor comes about. Chapter-9 of the Passport Manual, 2020 ('Manual' for short) reads as follows:
"Chapter-9 in 3.4 (b) that "both the parents should sign in Annexure-D in fresh or re-issue cases. (Both parents shall be present at the PSK while applying or passport for their minor children on one parent with passports of both the parents may be present".
3.4(c). "If Annexure-D is not signed by both the parents, a single parent must submit a declaration in the form in Annexure-C stating the reasons, except, in cases where the single parent has got full custody of the child without visitation rights for the spouse. In case divorce proceedings are pending, court permission is required for issue of passport to a minor child."
4.6. Divorce pending cases: In case divorce is still pending before the Court, the
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NC: 2026:KHC:3886 CRL.P No. 2569 of 2025 C/W CRL.P No. 396 of 2025 HC-KAR PIA shall insist on consent of both the parents. Alternatively, the applicant's parent should furnish or obtain permission from the court to apply for a passport for the child without the consent of the other parent of the child. In pending divorce cases, where the single parent with child is already working/studying abroad, the child requires a passport for its continued stay abroad, in such a situation, the Mission/Post abroad may issue a two-year short validity passport to the child, at a time, pending court permission for issue of a regular passport or direction for custody of the child.
4.7. Single divorced parent with exclusive custody of child without visitation rights for the other parent: Where the custody of the child has been given exclusively to either parent, without any visitation rights to other parent, the question of obtaining consent of the other parent would normally not arise. A certified copy of the court order has to be submitted with the application and Annexure-C signed by the single parent."
(Emphasis supplied) Chapter-9 of the Manual directs the Court before whom the cases either for divorce or G & W.C. are pending, those Courts should permit issuance of passport. This runs counter to what is permitted in the Schedules to the Rules. The petitioner gives an application for re-issuance/renewal of passport of the minor child. The application reads as follows:
"To Date: 22nd Sept. 2022
The Regional Passport Officer,
Koramangala, Bengaluru.
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Respected Sir/Madam,
I am hereto request the re-issue of passport for my son Sachin Anant as the passport is nearing expiry. Being a single mother, as I am separated from his father in the year 2018 (dv case is in progress - Judgment is pending), also my son's child custody case is still in progress in the City Civil Court, Bangalore, there is a delay in the case progress due to Covid from the last 2 years. Sachin's father Mr. Shivakumar do not visit my son nor contribute any money for his expenses/education and Sachin is under my custody for the last four years (from Feb.2018). As we are planning to visit Australia, my brother's place in the month of December, 2022 (attached the flight tickets), kindly re-issue the passport at least for a minimum period of 6 months, so that we can complete his visit to Australia. Meanwhile, I can produce the Court order for child custody as the case is in the last stage (provided the certified copies of case details) attached.
Thanking you in advance.
Sd/-
Nancy Nithya."
The petitioner has not suppressed any fact. She indicates that the divorce case between herself and her husband is pending adjudication. A case for custody is also registered under G & W.C., which is also pending. It indicates that since four years, the son is in the custody of the mother and the father has not even bothered to see the child for four years, she desires to visit Australia with the child and come back after Christmas. This application is not considered by the 2nd respondent and, therefore, a direction by issuance of a writ in the nature of mandamus is sought. The objection of the 2nd respondent appears to be that only documents are produced, but no objection is not appended. The reliance placed on Chapter-9 of the Manual, runs counter to the Rules. If the Manual is in the nature of guidelines or certain administrative instructions
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NC: 2026:KHC:3886 CRL.P No. 2569 of 2025 C/W CRL.P No. 396 of 2025 HC-KAR for achieving the purposes of the Act, they cannot run counter to the Act or the Rules, schedule appended to the Rules.
11. This Court is aware of the fact that manifold circumstances arise before the Passport Authorities, when they are faced with the problem of granting passport. The Manual for smooth functioning is also an accepted norm but it cannot run counter to the Rules. The Schedules noticed hereinabove and the documents that are necessary to be produced are all borne out of the Rules, as they are schedules appended to the Rules.
12. The Rules are framed by the Central Government in terms of Section 24 of the Act. Therefore, they are part of the statute and are statutory. The Passport Manual are guidelines to issue a passport are a solution to answer circumstances that would emerge, but, cannot run counter to the statute, as they are not statutes. Therefore, the 2nd respondent will have to consider the application of the petitioner in terms of the Rules and seek any document or clarification from the parent in terms of the Rules and not in terms of the Passport Manual.
13. Therefore, it is necessary for the Central Government to bring in such amendment to the Rules, if it wants the situation emerged in the Manual to be tackled with, failing which, rejecting passports relying on the Manual particularly, in the case of passport of minors, would be rendered unsustainable as they would suffer from want of tenability. Since the Rules themselves envisage situation of the kind that has emerged in the case at hand, the reliance being placed on the Manual which runs counter to the Rules sans countenance.
14. It is also germane to notice the judgment rendered by the High Court of Telangana in the case of L.DEEPIKA v. UNION OF INDIA AND OTHERS (2022 SCC OnLine TS 2481), wherein the High Court of Telangana has held as follows:
"3. Petitioner is the wife of 3rd respondent. They are blessed with a son namely, Master Gajula
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NC: 2026:KHC:3886 CRL.P No. 2569 of 2025 C/W CRL.P No. 396 of 2025 HC-KAR Reyansh. Thereafter, matrimonial disputes arose between them.
4. Respondent No. 3 had filed a petition, against the petitioner seeking dissolution of marriage on the ground of cruelty, vide F.C.O.P. No. 253 of 2020, the said O.P. is pending.
5. According to the petitioner, she is working in Tata Consultancy Services, I.T. Department and her office officials are insisting her to work at abroad for some time. She had a valid Passport, but her minor son is not having Passport. She applied Passport of her minor son on 22.12.2021. She has already submitted all the documents as sought by 2nd respondent.
6. Vide letter dated 29.03.2022, 2nd respondent had informed the petitioner, that they cannot process the Passport application submitted by the petitioner without the consent of the other parent, since there is divorce application is pending. The 2nd respondent has also advised the petitioner alternatively to furnish permission from the Court to apply for Passport of her minor child without consent of other parent of the child. The 2nd respondent had also referred to the Passport Manual 2020.
7. Challenging the said proceedings, the petitioner herein filed present writ petition. Despite service of notice, there is no representation on behalf of 3rd respondent.
8. Learned counsel for the petitioner would submit that, it is practically impossible to obtain consent from deserted husband. The 3rd respondent had not filed any petition seeking custody of the minor. The 3rd respondent is not bothered to maintain the minor son. Even then the 2nd respondent is insisting the petitioner to submit the consent of 3rd respondent. According to her, the action of respondent No. 2 in insisting to submit consent of 3rd respondent or obtain permission from the
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NC: 2026:KHC:3886 CRL.P No. 2569 of 2025 C/W CRL.P No. 396 of 2025 HC-KAR court is illegal, contrary to the Passport Manual 2020 and also the procedure laid down under the Passports Act and Rules made there under. Learned counsel for the petitioner has also placed reliance on the judgments of High Court of Kerala and Madras High Courts.
9. Whereas, learned counsel appearing for respondent No. 2 would submit that, in view of the pendency of the aforesaid divorce petition and as per the Passport manual, the petitioner has to either submit consent of 3rd respondent or obtain permission from the Court where the said F.C.O.P. is pending. The same was informed to the petitioner vide letter dated 29.03.2022. There is no error in it.
10. Paragraph No. 4 (4.6), Chapter-9 of Passport Manual 2020, says that "Divorce Pending Cases:"In case of divorce is still pending before the Court, the PIA shall insist on consent of both the parents. Alternatively, the applicant's parent should furnish or obtain permission from the Court to apply for a Passport for the child without the consent of the other parent of the child. In pending divorce cases, where the single parent with child is already working/staying abroad, the child requires a Passport for its continued stay in abroad. In such a situation, the Mission/Post may issue a two year short validity Passport to the child, at a time, pending court permission for issue of a regular Passport or direction for custody of the child". In the written instructions dated 26.08.2022, the 2nd respondent has reiterated the aforesaid facts.
11. The aforesaid facts would reveal that, there are matrimonial disputes between the petitioner and 3rd respondent. She is having valid Passport. She wants to travel abroad on office duty, since her superiors asking her to go abroad on official purpose. Therefore, she has applied for issuance of Passport for her minor son on 22.12.2021. Admittedly there are no
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NC: 2026:KHC:3886 CRL.P No. 2569 of 2025 C/W CRL.P No. 396 of 2025 HC-KAR criminal cases pending against the petitioner herein. Respondent No. 3 had filed the aforesaid F.C.O.P. No. 253 of 2020 against the petitioner seeking dissolution of marriage on the ground of cruelty and the same is pending before Family Court. The 3rd respondent has not filed any petition, seeking custody of minor and the 3rd respondent has also not filed any petition seeking guardianship. The only proceeding that is pending is the aforesaid F.C.O.P. No. 253 of 2020.
12. It is also relevant to note that the petitioner has already submitted all the documents including Annexure-C specified declaration of applicant's parent or guardian for issue Passport to minor when one parent has not given consent.
13. In Juvairiya v. Regional Passport Officer High Court of Kerela considered the issuance of Passport on consent not being obtained from the other parent and held that if the affidavit as required under the Passport Rules, 1980 is submitted, then necessarily Passport officer would have to issue Passport in the name of the minor child.
14. Relying on the said principle High court of Kerela in Rabeeha v. Ministry of External affairs, Regional Passport Officer reiterated the said principle.
15. In another judgment in Chaitnya S. Nair v. Union of India, High Court of Kerela reiterated the said principle.
16. As stated supra, the petitioner herein had submitted the aforesaid undertaking in Annexure-C, disclosing about pending of the aforesaid case and she is also taking responsibility with regard to the aforesaid court cases.
17. It is relevant to note that in Schedule III of Passport Rules 1980, it is stipulated, where the applicant parent is not in a position
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NC: 2026:KHC:3886 CRL.P No. 2569 of 2025 C/W CRL.P No. 396 of 2025 HC-KAR to get consent of the other parent, for whatever reason, the parent applying for Passport of the minor may sign the form (application form) and submit a sworn affidavit as per Annexure-C.
18. In the Rules and also in the aforesaid Annexures, there is no mention that the petitioner has to obtain permission from the court on the ground that the other spouse is not giving consent. What is required is that the petitioner shall submit undertaking in Annexure-C which the petitioner herein had already submitted. As stated above there are matrimonial disputes between the petitioner and 3rd respondent. He had filed the aforesaid F.C.O.P. No. 253 of 2020 seeking dissolution of marriage on the ground of cruelty. Therefore, it is practically impossible for the petitioner to get the consent of the 3rd respondent, due to the aforesaid strained relations between them. However, she had submitted the aforesaid undertaking in Annexure-C. She has specifically stated that she will take responsibility with regard to the aforesaid case. Admittedly there is no crime pending against the petitioner and 3rd respondent has also not filed any custody petition or guardianship petition.
19. In view of the aforesaid discussion, the impugned proceedings dated 29.03.2022 are illegal and also contrary to the Passport Rules and the principle laid down by High Court of Kerala in the aforesaid judgments. Therefore, the same are set aside. The 2nd respondent is directed to consider the application submitted by the petitioner dated 22.12.2021 and issue Passport to the minor son of the petitioner."
(Emphasis supplied) In the case before the High Court of Telangana, a minor was directed to be issued a passport. The only difference therein was that there was no G & W.C. case pending. The pendency of the case under G & W.C. in the facts of the case at hand, in the considered view of the Court, would
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NC: 2026:KHC:3886 CRL.P No. 2569 of 2025 C/W CRL.P No. 396 of 2025 HC-KAR not be an impediment to consider the application of the petitioner. The petitioner is thus entitled for a direction by issuance of a mandamus to the respondent to consider her application forthwith.".
(Emphasis supplied) In terms of the afore-quoted judgment of this Court, the requirement of a no-objection certificate from the hands of the father for issuance of passports to the children would not be necessary, since the terms of settlement has led to the annulment of marriage and the children are in the custody of the mother as per the terms of settlement. In that light, any objection from the husband is of no avail.
6. The learned counsel, Smt. H.S. Poornima, appearing for the complainant, would accept that all other terms of settlement with regard to visitation, video call or talking of the father with the children will not be disturbed. It will be adhered to.
7. The learned counsel for the petitioners submits that in the event the children are travelling with the mother abroad, the father is to be informed. The learned counsel further submits that the husband is willing to cooperate with any kind
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NC: 2026:KHC:3886 CRL.P No. 2569 of 2025 C/W CRL.P No. 396 of 2025 HC-KAR of consent that is required insofar as the children are concerned. It is made clear that the terms of settlement shall not be deviated by both the parties.
8. Since the petitioners and the complainant have settled the dispute, I deem it appropriate to close the criminal proceedings qua the petitioners in terms of the settlement so drawn.
9. For the aforesaid reasons, the following:
ORDER i. The criminal petitions stand disposed.
ii. The proceedings in C.C.No.9209/2024, pending on the file of the IV Additional Civil Judge and Judicial Magistrate First Class, Anekal, Bengaluru Rural, stand quashed qua the petitioners-accused Nos.2 and 3.
Sd/-
(M.NAGAPRASANNA) JUDGE SMA List No.: 1 Sl No.: 94