Minor’s Right To Travel Abroad Cannot Be Scuttled By Denying Issuance/Re-Issuance Of Passport Merely Due To Father’s Denial Of Consent: Bombay HC
The Bombay High Court has held that a minor’s right to travel abroad cannot be scuttled by denying issuance/re-issuance of a passport merely because the father is not supporting the minor’s application by consenting to it.
The Court directed the Regional Passport Officer to issue a passport to a 16-year-old minor (Petitioner) whose application was not getting processed due to objections from her father. The Bench stated that the right to travel abroad was a facet of a fundamental right guaranteed under Article 21 of the Constitution and cannot be curtailed arbitrarily.
A Division Bench of Justice G.S. Kulkarni and Justice Advait M. Sethna held, “The present case is an example of a student being given an opportunity to undertake a study tour by visiting a foreign country. Any action of the Passport Authority in denying the passport would have severe consequence not only adversely affecting the applicant in a given situation, but it may cause irreparable harm to the prospects of the applicant, for any venture she or he intended to undertake. Thus, a mechanical approach in this regard by the Passport Authority cannot be countenanced.”
Advocate Balasaheb G. Ligade represented the Petitioner, while Advocate Shehnaz V. Bharucha appeared for the Respondents.
The Petitioner had filed the Writ Petition under Article 226 of the Constitution. The petitioner’s parents have been embroiled in marital disputes, including proceedings under the Protection of Women from Domestic Violence Act and a dismissed divorce case filed by the father.
The Petitioner claimed she was selected for the "Sakura Science High School Programme" in Japan. She applied for the re-issuance of her passport, but the Regional Passport Office withheld processing due to the father’s objections.
The High Court noted that the Petitioner’s father had not obtained any Order from any Court that the Petitioner or her mother could not pursue an application for issuance/re-issuance of passport to the Petitioner.
“In our opinion, considering the well-settled position in law, it cannot be that the petitioner’s right to travel abroad by issuance of a passport can in any manner be scuttled and/or taken away by denying her a passport to be issued/re-issued merely for the reason that the father for the only reason that he has disputes with the mother, is not supporting the petitioner’s application by consenting to it,” the Bench held.
Consequently, the Court held, “We thus find that such valuable constitutional right of the petitioner cannot be prejudiced much less be taken away, and merely on the ground as contained in the impugned communication dated 18 November, 2024 issued by respondent no. 2. Further Section 6 of the Passport Act, 1967 provides for Refusal of passports, travel documents etc. The ground on which the application of the petitioner is not being processed is in no manner whatsoever recognized by Section 6 of the Passport Act.”
Cause Title: Yushika Vivek Gedam v. Union of India & Ors. (Neutral Citation: 2025:BHC-AS:729-DB)
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