Kerala High Court
Minor Chaitanya Sreeranj @ Janaki Devi vs Regional Passport Officer on 7 May, 2008
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
THURSDAY, THE 20TH DAY OF MARCH 2014/29TH PHALGUNA, 1935
WP(C).No. 22634 of 2013 (D)
---------------------------------------
PETITIONER:
-------------------
MINOR CHAITANYA SREERANJ @ JANAKI DEVI,
AGED 8 YEARS,
D/O. RENU, SREEPADMAM, PAMBOOR,
KUTTOOR P.O, THRISSUR, PIN- 680 031,
REPRESENTED BY HER NEXT FRIEND AND MOTHER S. RENU,
AGED 32 YEARS, D/O. SOMASEKHARAN PILLAI, SREEPADMAM, PAMBOOR,
KUTTOOR P.O, THRISSUR, PIN- 680 031.
BY SRI.RENJITH THAMPAN, SENIOR ADVOCATE,
ADV.SMT.P.R.REENA.
RESPONDENT:
---------------------
REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE,
KOCHI, ERNAKULAM - 682 036.
BY SRI.P.PARAMESWARAN NAIR,A.S.G OF INDIA.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 20-03-2014, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Prv.
W.P.(C).NO.22634/2013 - D:
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1: TRUE COPY OF THE BIRTH CERTIFICATE OF THE PETITIONER
DATED 07-05-2008.
EXHIBIT P1(A):TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRINCIPAL,
SANDEEPANI VIDYA NIKETHAN, KUTTUMUKKU, THRISSUR.
EXHIBIT P2: TRUE COPY OF THE JUDGMENT IN O.P(HMA) NO 1471/2005
DATED 26-07-2006 OF FAMILYCOURT, THRISSUR.
EXHIBIT P3: TRUE COPY OF THE ONLINE APPLICATION RECEIPT
DATED 30-05-2013.
EXHIBIT P4: TRUE COPY OF THE ANNE.H FORM FILLED UP BY THE PETITIONER'S
MOTHER.
RESPONDENT'S EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE.
Prv.
P.N.RAVINDRAN, J.
-----------------------------------------
W.P.(C).No.22634 of 2013
-----------------------------------------
Dated this the 20th day of March, 2014
JUDGMENT
The petitioner, a minor girl aged 8 years represented by her divorced mother, has filed this writ petition for a writ in the nature of mandamus commanding the Regional Passport Officer, Kochi to consider her passport application by accepting Ext.P4 declaration filed by her mother, without insisting on the signature of her father. The brief facts of the case are as follows:
2. The marriage between the petitioner's mother Renu Shekhar and her father Rajesh was solemnised on 4.4.2004. The petitioner was born on 26.4.2005. Shortly thereafter, the petitioner's parents filed O.P.(HMA) No.1471 of 2005, a joint application for divorce under section 13(B) of the Hindu Marriage Act, 1955, before the Family Court, Alappuzha. That application was allowed by Ext.P2 judgment delivered on 26.7.2006 and a decree of divorce by mutual consent was passed dissolving the marriage between the petitioner's parents with effect from 26.7.2006.
3. With a view to apply for a passport in the name of the petitioner, the petitioner's mother submitted an on-line application on W.P.(C).No.22634 of 2013 2 30.5.2013. It is stated that when thereafter no progress was made on the application, she made enquiries in the office of the respondent, that the respondent informed her that she will have to submit a declaration in the form prescribed in Annexure-H, that the petitioner's mother thereupon informed the Regional Passport Officer, Kochi that her marriage has been dissolved and it is impossible to obtain the signature of the father, that the Passport Officer informed her that she will be allowed to fill up the declaration in Annexure-H as a single parent and that she thereupon filled up Ext.P4 declaration and filed it as a single parent. The writ petition proceeds to state that the officers were however taking the stand that without the signature of the petitioner's father, the application cannot be processed. On these averments the instant writ petition was filed on 9.9.2013 seeking the following reliefs:
i. Issue a writ in the nature of mandamus commanding the respondent to consider the application for passport filed by the petitioner as evidenced y Ext.P3 by accepting Ext.P4 declaration filed by her mother without insisting on the signature of her father within such time as may be fixed by this Hon'ble Court.
It is contended that as the marriage between the petitioner's parents has been dissolved by a decree passed by the Family Court on 26.7.2006 and the petitioner's mother is having her custody, the insistence on obtaining her father's signature is illegal. W.P.(C).No.22634 of 2013 3
4. A statement dated 3.3.2014 has been filed by the Assistant Solicitor General of India on behalf of the respondent. Shorn of details the contention raised on behalf of the respondent is that the petitioner's mother has not, apart from submitting an on-line application in the Passport Seva Kendra, paid the application fee or taken an appointment or visited the Passport Seva Kendra with original documents for verification and submission of the print out of the passport application and therefore it cannot be said that the formalities have been complied with. It is also stated that it is possible that the petitioner's mother might have enquired in the Regional Passport Office about the documents required to be submitted along with the application for passport in the name of a minor child and the officials might have advised her to get the consent of the father. It is also stated that the petitioner's mother can submit a declaration in Annexure-H along with an affidavit attested by a Judicial Magistrate in Annexure-G explaining the reason why she is unable to obtain the consent of the father of the child.
5. I heard Sri.M.V.Anandan, learned counsel appearing for the petitioner and Sri.P.Parameswaran Nair, learned Assistant Solicitor General of India appearing for the respondent. I have also gone through the pleadings and the materials on record. It is evident from W.P.(C).No.22634 of 2013 4 the pleadings and the materials on record that the petitioner's passport application is incomplete, that she has not paid the fee or taken an appointment and reported in the Passport Seva Kendra along with a print out of the application and supporting documents. The respondent cannot therefore be said to be at fault for not issuing a passport to the petitioner, based on the on-line application stated to have been made on 30.5.2013. It is evident from the pleadings and the materials on record that the marriage between the petitioner's parents was dissolved by a decree of divorce by mutual consent by Ext.P2 judgment delivered by the Family Court, Alappuzha on 26.7.2006. As per the terms of the decree, the petitioner's mother is entitled to the custody of the petitioner.
6. I have by judgment delivered in W.P.(C) No.1870 of 2014 held that where the parents are divorced and the applicant parent is not in a position to get the consent of the other parent for "whatever reason", the parent applying for the passport of the minor can sign the application form and submit a sworn affidavit as per Annexure-G stating the facts and circumstances of the case and that, in such cases where a single parent applies, the consent of the other parent is not required. Such being the situation, I am of the opinion that in the event of the petitioner's mother submitting an on-line application and W.P.(C).No.22634 of 2013 5 paying the application fee, getting an appointment and appearing along with the petitioner before the Passport Seva Kendra, with the print out of the application form and supporting documents to prove her identity, the date of birth of the petitioner and also an affidavit in Annexure-G attested by a Judicial Magistrate of First Class as also other relevant documents which are required to be furnished, the respondents shall process the application and issue the passport at the earliest, if there is no other impediment for the issue of a passport, without insisting on the written consent of the petitioner's father or the production of a court order permitting the petitioner's mother to apply for a passport in the name of the petitioner or granting her custody of the petitioner.
I accordingly dispose of the writ petition with a direction to the respondents that in the event of the petitioner submitting an on-line application and paying the application fee, getting an appointment and appearing along with the petitioner before the Passport Seva Kendra with the print out of the application form and supporting documents to prove her identity, the date of birth of the petitioner and also an affidavit in Annexure-G attested by a Judicial Magistrate of First Class as also other relevant documents which are required to be furnished, the respondents shall process the application and issue the passport at W.P.(C).No.22634 of 2013 6 the earliest, if there is no other impediment for the issue of a passport to the petitioner, without insisting on the written consent of the petitioner's father or the production of a court order permitting the petitioner's mother to apply for a passport in the name of the petitioner or granting her custody of the petitioner.
Sd/-
P.N.RAVINDRAN, JUDGE.
rkc.