The Madras High Court directed the Regional Passport Officer to process a passport renewal application while observing that a minor cannot be stripped of citizenship merely because his father acquired United Kingdom citizenship after the minor’s birth.

The High Court was considering a Writ Petition filed under Article 226 of the Constitution seeking issuance of a Writ of Mandamus directing the Regional Passport Officer (Respondent) to process the passport renewal application submitted by the petitioner and renew the passport of the minor boy without insisting on an application through the mother of the minor child.

The Single Bench of Justice Senthilkumar Ramamoorthy held, “As can be seen from the language of sub-section (1), the minor became a citizen of India by birth on account of both his parents being citizens of India at the relevant time. In the absence of statutory sanction, the minor cannot be stripped of citizenship merely because his father acquired the citizenship of the United Kingdom in 2021.”

Advocate S.Anusha represented the Petitioner, while Central Govt Standing Counsel G.Ramanathan represented the Respondent.

Factual Background

This petition was instituted on behalf of a minor by his father. The minor child was born in 2016. The place of birth was recorded as Rainbow Hospital, Swaranapuri, Salem and a passport was issued to the minor in the year 2021 from London. The date of expiry of the said passport was October 4, 2026. After applying for renewal of the said passport, the Writ Petition was instituted.

A counter-affidavit was filed on behalf of the respondent, whereby relying on sub-section (2) of Section 8 of the Citizenship Act, 1955, it was contended that the citizenship of the minor ended upon the father ceasing to be a citizen of India under sub-section (1).

Reasoning

The Bench noted that the father of the minor asserted that he became a citizen of the United Kingdom on May 7, 2021 and hence, Section 9 applied to this case, but not Section 8. It was further noticed that the acquisition of citizenship was after the birth of the child on January 23, 2016. As regards the mother, it was stated that she was a citizen of India both at the time of birth of the child and remained an Indian citizen.

Considering that the minor became a citizen of India by birth on account of both his parents being citizens of India at the relevant time, the Bench held that the minor could not be deprived of citizenship merely because his father acquired the citizenship of the United Kingdom in 2021.

Finding no impediment to the processing of the renewal application of the minor from the perspective of the Citizenship Act, the Bench disposed of the Writ Petition by directing the respondent to consider and dispose of the application for renewal of the Passport. “Such application shall be disposed of within a maximum period of three months from the date of receipt of a copy of this order”, it directed.

Cause Title: Aarush Shanmugam Gurudev v. The Regional Passport Officer (Case No.: WP(MD) No. 25412 of 2026)

Click here to read/download Order


Madras HCJustice Senthilkumar Ramamoorthy

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.