Can’t Insist Upon Divorce Decree For Deletion Of Ex-Husband’s Name From Passport: Kerala High Court

The writ petition before the Kerala High Court was filed for the re-issuance of a passport to the petitioner after deleting the spouse's name.

Update: 2026-09-18 04:30 GMT

Justice Murali Purushothaman, Kerala High Court

While asking the Regional Passport Officer to consider an application for reissuance of a passport, the Kerala High Court has held that the proof of dissolution of marriage through a divorce decree for the deletion of the ex-husband’s name from the passport cannot be insisted upon through an office memorandum.

The writ petition before the High Court was filed for the re-issuance of the passport to the petitioner after deleting the spouse's name.

The Single Bench of Justice Murali Purushothaman held, “It is well settled that executive instructions or office memorandums cannot override, amend, or supersede statutory rules. When the statute does not mandate the production of proof of dissolution of marriage for deletion of the spouse's name from the passport, such proof cannot be insisted upon through an office memorandum in the nature of Annexure R2(a).”

“Accordingly, there will be a direction to the 2nd respondent to consider the application of the petitioner for reissuance of passport with deletion of name of spouse, without insisting on production of a decree of divorce from the competent court, and in accordance with law and pass appropriate orders, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment”, it ordered.

Advocate M. Shaju Purushothaman represented the Petitioner while Deputy Solicitor General of India O.M. Shalina represented the Respondent.

Factual Background

The petitioner is the holder of an Indian passport with validity up to April 5, 2032. The petitioner was married to the third respondent according to religious rites and ceremonies prevailing among the Muslim Community at Mathilakam Mahal Jama-At-Committee. The name of the husband was entered in the spouse column in the passport of the petitioner. The relationship between the petitioner and the third respondent became estranged, and the marriage was dissolved by mutual consent. An agreement was executed between the petitioner and the third respondent whereby talaq was agreed to be pronounced.

The petitioner submitted an application for re-issuance of passport with deletion of spouse name. However, the same was not entertained, stating that the petitioner had not produced a divorce order from the court. The petitioner stated that the reason for not entertaining her application for re-issuance of the passport with deletion of the name of her husband was illegal as it violated the provisions of the Passport Rules.

Reasoning

The Bench, at the outset, stated that a divorce resulting from a 'talak' pronounced by the husband is a mode of divorce recognised and accepted under Muslim personal law.

The Bench referred to the note that Section IV of the Passport Information Booklet under Schedule III to the Passports Rules, 1980, which deals with the ‘Documents to be attached with the application’. The Bench explained that divorcees applying for change of name or for deletion of spouse's name in existing passport are not required to produce court's order for judicial separation/decree of divorce.

“The Schedule to the Rules forms part of the Rules. The statute dispenses with the requirement of producing documentary proof of marriage or dissolution of marriage, including a decree of divorce, for change of name or deletion of the spouse's name in the passport”, it added.

The Bench thus held that the proof of dissolution of marriage for deletion of the spouse's name from the passport could not be insisted upon. The Bench disposed of the petition by directing the Regional Passport Officer to consider the application of the petitioner for reissuance of passport with deletion of name of spouse, without insisting on production of a decree of divorce from the competent court as expeditiously as possible.