In a writ petition filed before the Delhi High Court seeking directions to be given to the Regional Passport Officer and other respondents to reissue a passport in the name of the minor petitioner without her father’s name, a Single Judge Bench of Justice Purushaindra Kumar Kaurav disposed of the petition while directing the passport of the minor child to be issued without her father’s name.
Due to marital discord, the minor’s parents entered into a conciliated agreement dated 07-04-2021 and were subsequently granted a divorce by an order dated 16-07-2022 of the Family Court concerned. Thereafter, in 2024, the petitioners (mother and minor child) applied for a passport in the minor’s name, and on 16-07-2024, a passport specifying the minor’s father’s name was issued despite specific representation regarding the same.
The petitioners submitted the conciliated agreement, whereby it was clearly recorded that the minor child’s father had agreed that she would remain in permanent custody and in the single guardianship of her mother. It was also specified in the agreement that the minor child’s father and his family members would never claim custody and rights of visitation.
The Court noted that this arrangement was approved before the passing of the divorce decree and clarified that, for all practical purposes, the relationship of the petitioners with the minor child’s father was terminated. It was said that if the minor child has any rights upon attaining majority, the same would remain protected.
The Court stated that as long as the minor child does not claim any right concerning her father or the father exercises any right regarding the minor child, there should not be any difficulty for the passport authority to reissue the passport without the name of the minor child’s father. Agreeing with the reliance placed upon Shalu Nigam & Anr. v. The Regional Passport Officer & Anr. 2016 SCC OnLine Del 3023, and Smita Maan & Anr. v. Regional Passport Officer 2023 SCC OnLine Del 2323, the Court directed that the passport of the minor child be issued without her father’s name and disposed of the petition.
Appearances:
For Petitioners – Ms. Shaini Bhardwaj, Mr. Aditya Sharma, Mr. Avichal Mishra, Mr. Vedic Thukral, Ms. Rukhsar
For Respondents – Mr. Ashish K Dixit (CGSC), Mr. Adhiraj Singh (GP), Mr. Umar Hashmi, Ms. Iqra Sheik
