Karnataka High Court
Amuktamalyada Mulakaluri vs The Government Of India on 27 November, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2023:KHC:42708
WP No. 8051 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 8051 OF 2023 (GM-PASS)
BETWEEN:
AMUKTAMALYADA MULAKALURI
W/O SHRI VENKATESH CHANDRASEKHAR AYYAR
AGED ABOUT 44 YEARS
R/AT BUILDING 2 TOWER 4 APARTMENT 24301
PRESTIGE FALCON CITY
KANAKPURA MAIN ROAD
BENGALURU-560062
...PETITIONER
(BY SMT. NAYANASHREE, ADV.)
AND:
1. THE GOVERNMENT OF INDIA
Digitally signed by REPRESENTED BY ITS SECRETARY,
PADMAVATHI B K MINISTRY OF EXTERNAL AFFAIRS
Location: HIGH 74B, SOUTH BLOCK
COURT OF NEW DELHI-110001
KARNATAKA
2. THE REGIONAL PASSPORT OFFICER
8TH BLOCK, 80 FEET ROAD
KORAMANGALA
BENGALURU-560095
...RESPONDENTS
(BY SRI. SHANTHI BHUSHAN H., DSGI)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT
R-2/REGIONAL PASSPORT OFFICER, BANGALORE, TO
RENEW/REISSUE PASSPORT IN TERMS OF HER APPLICATION
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NC: 2023:KHC:42708
WP No. 8051 of 2023
BEARING NO.BN1074404563722 DTD 15.07.2022 IN
ANNX-F.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel Smt.Nayanashree, appearing for the petitioner and the learned Deputy Solicitor General of India, Sri.Shanthi Bhushan H., appearing for the respondents.
2. The petition calls in question non-reissuance of the passport on account of it not being in compliance with the necessary documents i.e., the signature of the husband.
3. The proceedings before the concerned Court between the husband and the wife is pending. In the interregnum, the passport of the child has expired. On such expiry, the mother makes an application before the Passport Authorities seeking renewal / re-issuance of the passport. It is declined to be reissued on the score that the signature of the husband is not found in the application so submitted by the -3- NC: 2023:KHC:42708 WP No. 8051 of 2023 mother seeking reissuance of passport and as also the pendency of the proceedings in G & W.C.No.357/2022.
4. The issue whether passport could be reissued on its expiry to a child, parents of whom are in squabble either before the Family Court or before the G & W.C. Court need not detain this Court for long or delve deep into the matter. In identical circumstances, this Court in W.P.No.22378/2022 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 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 -4- NC: 2023:KHC:42708 WP No. 8051 of 2023 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."
(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 -5- NC: 2023:KHC:42708 WP No. 8051 of 2023 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:
Case Fresh Passport Document No. - Document No. -
No. Normal Application Tatkaal Application
B Minor
... ... ...
9 Parents are 1 (of the parent with
separated but not whom the child is
divorced residing), 2, 27 (if any-
with spouse name
endorsed), 46
.. .. ..
1 Applied by one 1 (of parent), 2, 27 (if (i) 1 (of
1 parent/guardian any-with spouse name parent), 2, 27
when consent of endorsed), 50 (if any-with
one or both parents spouse name
not possible endorsed),
50, 52
(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 -6- NC: 2023:KHC:42708 WP No. 8051 of 2023 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 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 -7- NC: 2023:KHC:42708 WP No. 8051 of 2023 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 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. "
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5. The judgment is reiterated in W.P.No.18221/2022.
Identical direction had been issued by the High Court of Delhi directing reissuance of passport and visa to the petitioner therein. That was called in question by the wife before the Apex Court. The Apex Court in SLP (C ) No.11436/2023 by its order dated 12-06-2023, modified the order of the High Court of Delhi, by the following order:
"ORDER
1. Heard learned counsel for the parties.
2. Leave granted.
3. By the impugned order dated 9.05.2023, the learned Single Judge of the High Court has allowed the application filed by the respondent/mother to apply for grant of visas for herself and also for the minor children with the rider that such grant would not create any special equities in their favour, nor will they be entitled to relocate abroad without the specific permission by the Court. Paragraph 6 of the order which contains the above direction is reproduced below:-
"6. It is, however, made clear that the grant of these Visas to the petitioner and the minor children will neither create any special equities in their favour nor will they be entitled to relocate abroad without the specific permission of this Court."
4. This Court is of the view that the permission to apply for grant of visas cannot be faulted with. However the condition that only relocation abroad would be with the specific permission of the Court is -9- NC: 2023:KHC:42708 WP No. 8051 of 2023 not an appropriate condition. Appropriately it should be that the children would not be travelling abroad without prior permission of the Court and that too after hearing the appellant/father.
5. Accordingly, we dispose of this appeal with the above observations that grant of visas would not entitle the respondent/mother to travel with the minor children abroad but the same would be permitted only after taking leave of the Delhi High Court after hearing the appellant/father. However, the respondent/mother would be free to travel alone if she desires to which the appellant/father apparently has no objection.
6. The impugned order will stand modified to the above extent.
7. Pending application(s), if any, shall stand disposed of."
6. In the light of the modification of an identical order passed by the High Court of Delhi by the Apex Court (supra), I deem it appropriate to direct what the Apex Court has directed the parties in the petition before it. The direction is that passport would be directed to be reissued, but if the mother in whose custody the child is now, wants to take the child beyond the shores of this nation, shall seek appropriate permission from the Court before whom the proceedings are pending, in the case at hand, in the G & W.C. Court.
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NC: 2023:KHC:42708 WP No. 8051 of 2023
7. With the aforesaid observations, the benefit that is granted in the other cases, is granted to the petitioner as well.
For the aforesaid reasons, the following:
ORDER
i) The writ petition is allowed.
ii) The direction issues to the respondent -
Passport Authorities to reissue the passport, within one week from the date of the receipt of the copy of this order.
iii) The petitioner shall intimate and seek permission of the concerned Court, if she is wanting to travel abroad along with the child at every point of travel.
Sd/-
JUDGE KG List No.: 1 Sl No.: 5