Passport For Minor Children Can Be Renewed Without Father's Consent If No Court Prohibition Exists: Madhya Pradesh HC

The Madhya Pradesh High Court has ruled that the renewal of passports for minor children does not require the father's consent if there is no prohibitory order from a competent court.

The Single Bench of Justice Vinay Saraf referred to the relevant Passport Rules, which allow a single parent to apply for the issuance or renewal of a minor’s passport by submitting a declaration in Annexure-C. The declaration must state that there is an ongoing divorce or custody case but no prohibitory order against issuing the passport without the other parent's consent.

“There is no prohibition in the Passport Rules that without any consent of the father, passport cannot be issued to minor child. Even there is no provision that in the absence of any prohibitory order, the permission from the Court is required,” the Court noted.

The Court made the observation while directing the Regional Passport Office, Bhopal, to renew the passports of actor Nitish Bharadwaj's minor daughters.

Case Background

The mother of the minor daughters applied to renew their passports, which were set to expire on January 16, 2025. The Regional Passport Office, Bhopal, notified the father, actor Nitish Bharadwaj, who objected to the renewal and refused to provide his consent. Following his objection, the Passport Office instructed the mother to obtain court permission for the renewal.

The father contended that there were disputes regarding the custody of the children, currently pending before the Family Court in Mumbai, where he had filed for divorce. He also argued that the mother’s claim of the children needing passports for events such as Bharat Mahotsava in February 2025 was based on "suspicious" documents, as the event had already occurred in 2024. He expressed concerns that the mother might use the renewed passports to relocate the children abroad permanently.

The mother’s counsel countered that obtaining a passport is a fundamental right under Article 21 of the Constitution, which includes the right to travel abroad. It was submitted that the mother had complied with Annexure-C requirements, and no prohibitory order existed to justify the refusal to renew the passports.

Court's Observation

The Court limited its deliberations to the central legal issue—whether a minor's passport can be renewed without the father’s consent if no court prohibition exists. It concluded that objections regarding custody or alleged misuse of the passport are matters for the Family Court, Mumbai, and are irrelevant to the present petition.

The Court quashed the Passport Office’s communication requiring court permission and directed it to proceed with the renewal of the children’s passports.

Cause Title: Minor v. Union of India & Ors. [Neutral Citation No. 2025:MPHC-JBP:1663]

Appearance:-

Petitioner: Senior Advocate Naman Nagrath, Advocate Kapil Duggal

Respondent: Advocate Devesh Bhojne (CGSC), Shreyas Pandit, Nitish Bhardwaj

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