Telangana High Court
Samreen Begum vs Union Of India on 22 February, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.3630 OF 2024
ORDER:
Heard Mr. Mustafa Basith, learned counsel for the petitioner and Ms. P. Pallavi, learned counsel representing Mr. Gadi Praveen Kumar, Deputy Solicitor General of India, appearing on behalf of respondents.
2. The prayer as sought for by the petitioner in the present writ petition reads as under:
".........to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the 2nd Respondent in not considering the representation submitted by the petitioner on 2692023 for submission of application for issuance of the passport to her minor daughter by mentioning the name of the petitioner alone as her parent as being unjust and consequently direct the 2nd Respondent to receive the passport application submitted by the petitioner for issuance of passport to her minor daughter without mentioning the name of father and to mention the name of the petitioner herein alone as her parent and to grant such other relief or reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case."
3. It is the specific case of the petitioner that petitioner submitted representation dated 22.09.0223 addressed to the 2nd respondent herein with a request to accept the application of the 2 SN, J W.P. No. 3630 of 2024 petitioner seeking issuance of passport to petitioner's minor daughter without mentioning the name of the petitioner. It is specifically averred in the representation dated 22.09.2023 that her marriage was performed with one Mir Syed Ahmed Ali on 28.08.2021 as per Muslim rites and customs and out of the wedlock, she begot a female child on 31.08.2022. After the birth of the female child her husband started harassing her physically and mentally for giving birth to a female child and she endured the said harassment and torture with a fond hope that her husband would mend his ways, but all her hopes and expectations shattered and there is change in the attitude and behaviour of her husband. Finally her husband abandoned her and her child leaving them at their mercy and having no other alternative option, she is taking shelter at her parents house and that as there is no chance of re-union she has pronounced Khula and to that effect the Khula Certificate is issued from the office of the Government Qazi of Qile Mohammed Nagar Bara Mahal, Qazi Gally, Golconda, Hyderabad dated 27.05.2023 and that now she is proposing to go to abroad to pursue her further studies and her child is a milk sucking baby and that she is proposing to apply for the passport to her daughter also but in the passport application there is column "Father's Name", but she does not like to mention the name of her divorced husband as father of 3 SN, J W.P. No. 3630 of 2024 her child. As the Online application without mentioning the father's name is not being accepted. It is further the case of the petitioner that though petitioner submitted Annexure-C as required under rules, however, the 2nd respondent did not consider the request of the petitioner as on date. Petitioner made a detailed representation dated 26.09.2023 for submission of application for issuance of the passport to petitioner's minor daughter by mentioning the name of the petitioner alone as her parent and aggrieved by the non-consideration of the said representation made by the petitioner, the petitioner approached this Court by filing the present writ petition.
4. Learned counsel appearing on behalf of the respondents brings on record the written instructions and the same reads as under:
3. "The petitioner has furnished her daughter's birth certificate dated 25.10.2022 GHMC vide Reg. No. 25957.
She has also submitted Khula certificate dated 27.05.2023 issued from the Office of the Government Qazi of Qile Mohammed Nagar Bara Mahal, Qazi Gally, Golconda, Hyderabad.
4. The petitioner has not submitted father's consent in her daughter's passport application and requested to issue passport without father's name and the reason she gave for it is mentioned below:
"There is on going 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" 4
SN, J W.P. No. 3630 of 2024
5. It may be noted that she has submitted khula Certificate.
6. a) As per extent rules regarding parents name in minor's passport, "In case of minor children of married parents, the name of father/mother shall be furnished by the other single parent having the custody of the child irrepsective of the status of their marriage, such as divorced, divorce pending, separated or deserted, with or without visitation rights to the estranged parent".
b) As per extent rules regarding issuing passport to minor's both parents should give consent in Annexure D in fresh or re-issue cases. If other parent is not giving consent, a single parent must submit a declaration in the form in Annexure-C stating the reasons except in case where the single parent has got full custody of the child without visitation rights for the spouse".
7. Since the petitioner is not having full custody of the child, this office can reconsider the passport application of Ms. Sehrish Hashmi, if both the parents are giving their consent or as per the directions of the Hon'ble Court".
5. Taking into consideration the fact that the petitioner's representation dated 26.09.2023 has not been considered as on date, the 2nd respondent is directed to consider the representation of the petitioner dated 26.09.2023 for issuance of passport of petitioner's minor daughter by mentioning the name 5 SN, J W.P. No. 3630 of 2024 of the petitioner alone as parent duly considering the undertaking and Annexure 'C" as required under rules and pass appropriate orders in accordance to law within a period of one week from the date of receipt of a copy of this order duly communicating the decision on petitioner's representation dated 26.09.2023 to the petitioner herein.
6. Accordingly, the writ petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any, pending in the writ petition shall also stand closed.
__________________________ MRS JUSTICE SUREPALLI NANDA Date: 22nd February, 2024 Skj 6 SN, J W.P. No. 3630 of 2024 7 SN, J W.P. No. 3630 of 2024 HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No. 3630 of 2024 DATED: 22.02.2024 Skj