Read Full Judgment - Deserted Wife Doesn't Need Husband's Consent for Child's Passport: Kerala HC
Article on Times of India
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937
WP(C).No. 8659 of 2015 (F)
---------------------------
PETITIONER:
-------------------
RABEEHA, AGED 28 YEARS,
D/O.ABDUL KADAR KUNJU, 41/1344,
KOMALASSERIL HOUSE,
NEAR PULLEPPADY RAILWAY GATE, KOCHI-682 018.
BY ADVS.SRI.S.SHANAVAS KHAN,
SMT.S.INDU.
RESPONDENTS:
--------------------------
1. THE MINISTRY OF EXTERNAL AFFAIRS,
REP.BY ITS SECRETARY,SOUTH BLOCK,
GOVERNMENT OF INDIA, NEW DELHI-110 001.
2. THE REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE, KOCHI-682 020.
3. IRSHAD, AGED 31 YEARS, S/O.BASHEER,
MUNDETHU HOUSE, THRIKKUNNAPPUZHA,
ALAPPUZHA DISTRICT, WORKING AT NEHRU COLLEGE,
THIRUVILLAMALA , PAMBADY, PALAKKAD-678 001.
R1 & R2 BY ADV. SRI.N.NAGARESH, ASSIST.S.G. OF INDIA.
R3 BY ADVS. SRI.K.SHAJ,
SRI.RENJIT GEORGE.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09-06-2015, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).No. 8659 of 2015 (F)
APPENDIX
PETITIONERS' EXHIBITS:
P1:- TRUE COPY OF THE BIRTH CERTIFICATE DATED 23/11/2012 ISSUED BY
MUNICIPAL CORPORATION OF COCHIN.
P2:- TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT OF THE
PETITIONER.
P3:- TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT.
P4:- TRUE COPY OF THE ONLINE APPOINTMENT RECEIPT CONTAINING THE
ENDORSEMENT OF THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
K. VINOD CHANDRAN, J.
---------------------------------------
W.P(C). No.8659 of 2015-F
---------------------------------------
Dated this the 9th day of June, 2015.
JUDGMENT
The petitioner is the wife of the 3rd respondent, who seeks
for issuance of a Passport to the minor child born in their wedlock
by name Ahsana E. The petitioner has filed an application before
the 2nd respondent for issuance of a Passport to the minor child,
which has been rejected by an endorsement in Ext.P4 that either
a consent should be obtained from the father of the minor child
or an order from the competent Court.
2. The petitioner has approached this Court under Article
226 of the Constitution of India claiming that the petitioner has
filed an application before the Family Court, Ernakulam for
divorce as O.P. No.758 of 2014 and divorce has been sought on
the ground of desertion. While, the proceedings before the Family
Court are pending, the petitioner seeks to get the Passport in the
name of the minor child, since she intends to travel abroad for
WP(C) No.8659 of 2015 2
employment, as deputed by her employer.
3. The learned Assistant Solicitor General of India,
appearing for the respondents 1 and 2, would however contend
that, as per the Passport Manual, 2010, the requirement is that
when divorce action is pending between the parties, the Passport
Issuing Authority has to insist on the consent of both the parents
or alternatively the applicant should obtain an order from the
Court for issuance of the Passport to the child.
4. The issue with respect to the rejection of issuance of a
Passport, on consent not being obtained from the other parent
was considered by this Court in Juvairiya v. Regional Passport
Officer [2014 (1) KLT 990], wherein it was held that, if the
affidavit as required under the Passport Rules, 1980 (for brevity,
Rules of 1980) is submitted, then, necessarily the Passport
Officer would have to issue the Passport in the name of the minor
child.
5. At the outset, it is to be noticed that the 3rd respondent,
who is the father of the minor child, was impleaded herein and
despite service of notice, none appears for him before this Court.
Since a divorce application is pending between the petitioner and
WP(C) No.8659 of 2015 3
the 3rd respondent, the affidavit filed by the petitioner under
Annexure 'G' of the Rules of 1980 may not be proper and the
petitioner would be required to file an affidavit under Annexure
'C' before the Passport Issuing Authority. On such application
being filed specifically showing the reason for consent being
obtained; which happens to be the desertion of the petitioner and
the minor child by the 3rd respondent; after issuing notice to the
father of the minor child, the application has to be considered, as
has been laid down in the aforecited judgment. The petitioner
shall accordingly file a proper affidavit along with a fresh
application before the Passport Issuing Authority and the
Passport Issuing Authority shall immediately issue notice to the
father and finalise the proceedings at any rate within a period of
one month from receipt of the application, along with the
affidavit, as mentioned herein above.
The writ petition is disposed of.
Sd/-
K. VINOD CHANDRAN,
JUDGE
sp
Article on Times of India
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937
WP(C).No. 8659 of 2015 (F)
---------------------------
PETITIONER:
-------------------
RABEEHA, AGED 28 YEARS,
D/O.ABDUL KADAR KUNJU, 41/1344,
KOMALASSERIL HOUSE,
NEAR PULLEPPADY RAILWAY GATE, KOCHI-682 018.
BY ADVS.SRI.S.SHANAVAS KHAN,
SMT.S.INDU.
RESPONDENTS:
--------------------------
1. THE MINISTRY OF EXTERNAL AFFAIRS,
REP.BY ITS SECRETARY,SOUTH BLOCK,
GOVERNMENT OF INDIA, NEW DELHI-110 001.
2. THE REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE, KOCHI-682 020.
3. IRSHAD, AGED 31 YEARS, S/O.BASHEER,
MUNDETHU HOUSE, THRIKKUNNAPPUZHA,
ALAPPUZHA DISTRICT, WORKING AT NEHRU COLLEGE,
THIRUVILLAMALA , PAMBADY, PALAKKAD-678 001.
R1 & R2 BY ADV. SRI.N.NAGARESH, ASSIST.S.G. OF INDIA.
R3 BY ADVS. SRI.K.SHAJ,
SRI.RENJIT GEORGE.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09-06-2015, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).No. 8659 of 2015 (F)
APPENDIX
PETITIONERS' EXHIBITS:
P1:- TRUE COPY OF THE BIRTH CERTIFICATE DATED 23/11/2012 ISSUED BY
MUNICIPAL CORPORATION OF COCHIN.
P2:- TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT OF THE
PETITIONER.
P3:- TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT.
P4:- TRUE COPY OF THE ONLINE APPOINTMENT RECEIPT CONTAINING THE
ENDORSEMENT OF THE 2ND RESPONDENT.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
K. VINOD CHANDRAN, J.
---------------------------------------
W.P(C). No.8659 of 2015-F
---------------------------------------
Dated this the 9th day of June, 2015.
JUDGMENT
The petitioner is the wife of the 3rd respondent, who seeks
for issuance of a Passport to the minor child born in their wedlock
by name Ahsana E. The petitioner has filed an application before
the 2nd respondent for issuance of a Passport to the minor child,
which has been rejected by an endorsement in Ext.P4 that either
a consent should be obtained from the father of the minor child
or an order from the competent Court.
2. The petitioner has approached this Court under Article
226 of the Constitution of India claiming that the petitioner has
filed an application before the Family Court, Ernakulam for
divorce as O.P. No.758 of 2014 and divorce has been sought on
the ground of desertion. While, the proceedings before the Family
Court are pending, the petitioner seeks to get the Passport in the
name of the minor child, since she intends to travel abroad for
WP(C) No.8659 of 2015 2
employment, as deputed by her employer.
3. The learned Assistant Solicitor General of India,
appearing for the respondents 1 and 2, would however contend
that, as per the Passport Manual, 2010, the requirement is that
when divorce action is pending between the parties, the Passport
Issuing Authority has to insist on the consent of both the parents
or alternatively the applicant should obtain an order from the
Court for issuance of the Passport to the child.
4. The issue with respect to the rejection of issuance of a
Passport, on consent not being obtained from the other parent
was considered by this Court in Juvairiya v. Regional Passport
Officer [2014 (1) KLT 990], wherein it was held that, if the
affidavit as required under the Passport Rules, 1980 (for brevity,
Rules of 1980) is submitted, then, necessarily the Passport
Officer would have to issue the Passport in the name of the minor
child.
5. At the outset, it is to be noticed that the 3rd respondent,
who is the father of the minor child, was impleaded herein and
despite service of notice, none appears for him before this Court.
Since a divorce application is pending between the petitioner and
WP(C) No.8659 of 2015 3
the 3rd respondent, the affidavit filed by the petitioner under
Annexure 'G' of the Rules of 1980 may not be proper and the
petitioner would be required to file an affidavit under Annexure
'C' before the Passport Issuing Authority. On such application
being filed specifically showing the reason for consent being
obtained; which happens to be the desertion of the petitioner and
the minor child by the 3rd respondent; after issuing notice to the
father of the minor child, the application has to be considered, as
has been laid down in the aforecited judgment. The petitioner
shall accordingly file a proper affidavit along with a fresh
application before the Passport Issuing Authority and the
Passport Issuing Authority shall immediately issue notice to the
father and finalise the proceedings at any rate within a period of
one month from receipt of the application, along with the
affidavit, as mentioned herein above.
The writ petition is disposed of.
Sd/-
K. VINOD CHANDRAN,
JUDGE
sp