In Application For Passport Issuance Of Child Made By One Spouse, Documents Disclosing Divorce & Custody Need To Be Enclosed: Karnataka High Court

The Writ Petition was filed by the mother representing her minor son and daughter seeking a direction to the Respondent to process the application to re-issue/ renew the passport of the children in a time bound manner. The dispute was between the husband and wife in which the children were also dragged into.

The Single Bench of Justice Suraj Govindaraj explained, “It would therefore be clear that, when an application is made by one spouse/parent the declaration which has been made should be factually correct and if at all, it is stated that a decree of divorce has been passed with custody being granted to the spouse making the application those documents need to be enclosed along with the application.”

Advocate Nagaraj R represented the Petitioner while CGC Aditya Singh represented the Respondent.

Reasoning

The Bench noted that when there is an inter se dispute between husband and wife, there are several proceedings which are pending and there could be several orders which could have been passed in those proceedings. As per the Bench, unless an opportunity is given to the other spouse to make their submission, the Court would not have the complete information to pass necessary orders.

It was brought to the Court’s notice that the father would not have any objections for reissuance of the passport insofar as minor daughter & minor son was concerned, so long as the mother/wife complied with the directions issued in the case pending before the Additional Principal Family Judge. An undertaking was also filed by the petitioner mother wherein she had categorically undertaken that she would comply with the visitation directions.

The Bench stated, “In the present case, now that the husband has come forward to offer his no objection for issuance of passport subject to compliance with the visitation rights as indicated supra, I am considered opinion that the respondents could be directed to issue the passport as per the said No Objection on part of respondent No.3-father, subject to the respondent No.3-father filing necessary declaration in terms of Annexure-D which learned counsel for respondent No.3 undertakes would be done within one week from today.”

Thus, allowing the Petition, the Bench directed the respondents to issue the passport. “In the event of any violation or non-compliance with the undertaking in Annexure-D, as contended in Annexure-D respondent No.2 could exercise its rights and powers and cancel/impound/revoke the passport so issued, on the basis of declaration/undertaking as also initiate such criminal proceedings as are permissible under the provision of Bharatiya Nagarik Suraksha Sanhita, 2023 and the Passport Act, 1967”, it concluded.

Cause Title: A v. Union Of India (Neutral Citation: 2025:KHC:49560)

Appearance

Petitioner: Advocate Nagaraj R

Respondent: CGC Aditya Singh, Advocates Amit Mandagi, Swathi Mandagi

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