Karnataka High Court: In a case filed by the petitioner-mother (‘petitioner 2') seeking acceptance on her pending passport application for her minor ward (‘petitioner 1') without any compulsion on her to mention the name of the father of the ward or his presence or signature in any form, Krishna S Dixit J., allowed the petition and directed the Regional Passport Officer to consider the subject application for passport without insisting upon the presence or consent of the father of the ward i.e., ex-spouse of petitioner as mere grant of passport does not, in anyway, threaten the rights of the respondent.
The present petition was filed in respect of a minor ward by the mother, who has been accorded exclusive custody of the ward by the Family Court. Counsel for petitioner submitted that once exclusive custody is granted by the Family Court, Regional Passport Officer is not justified in insisting upon the presence of father of the ward or for his consent and therefore, the passport must be granted sans such an insistence.
The Court noted that the Family Court has granted a Divorce Decree in the subject matrimonial cause whereby limited visitation rights have been accorded to the ex-husband of petitioner 2 i.e., father of the ward. Thus, on the apprehension of the respondent that absolute curtailment would occur, in case of visa-less travel, the Court noted that mere grant of passport would not per se result in curtailment of visitation rights as such.
Placing reliance on Master Kishan v. Union of India, in WP No. 32531 of 2017, decided on 15-02-2017, the Court directed Regional Passport Officer to consider the subject application for Passport sans insisting upon the presence or consent of the father of the ward i.e., ex-spouse of the petitioner 2.
The Court also clarified that petitioner 2 shall not travel without getting permission of Family Court.
[Divena Nayudu v. Government of India, WP No. 14716 of 2022, decided on 24-08-2022]
Advocates who appeared in this case :
Swamy MM, Advocate, for the Petitioner;
Sarojini Muthanna K, Advocate, for the Respondent.
*Arunima Bose, Editorial Assistant has put this brief together.
