Rajasthan High Court: In a case wherein the petitioner’s application for the renewal of the passport was declined, Arun Monga J., opined that the minor child would be deprived of the prospects to a bright career which awaited him, and would also suffer the adverse consequences of not being with his mother, which was essential at this tender age. Thereafter, the Court directed the respondents to issue the passport to the minor child, since the delay was entirely attributable to the respondents
Background
In the instant case, the petitioner-minor child was an eleven years old son, who was abandoned by his father and separated from his mother against his and his mother’s wishes. On 14-07-2010, the marriage of the minor child’s parents was solemnized in India, but later they moved to live in USA. Subsequently, differences arose between the minor child’s parents and their marriage was dissolved vide a consent order dated 26-08-2014, passed by the competent court in California.
After the dissolution of marriage, the minor child’s mother continued to live in USA and was currently working as a business architecture specialist at Chicago and residing at Tennessee, USA. The minor child applied for his passport on 18-09-2017 and the passport authority issued him a passport which was valid up to 17-09-2022. Further, on 08-07-2023, the son’s mother also applied for the renewal of the minor child’s passport. However, the respondents objected to this and stated that the declaration of both the parents, which was required as per the Annexure D of the passport instruction booklet was not provided.
On 12-10-2023, the son’s mother approached the respondent authorities and produced certified copy of the order showing dissolution of her marriage. However, the respondent authorities declined to renew the petitioner’s passport.
Thus, the petitioner had filed the present petition.
Analysis, Law, and Decision
The Court opined that the present case was a very peculiar and unsavoury case where a minor child was deprived of the love and affection of his mother, and whereas, his father had totally abandoned him. The Court opined that the whereabouts of the father was not known since June 2018 and compelled by the circumstances, the minor child was currently forced to live in the custody of his maternal grandparents, since his mother was working and residing in USA.
The Court opined that in the present case, the parents were residing together at the relevant time and the minor son was also residing with them. the earliest passport was issued to the minor son in 2017, which was after the dissolution of marriage by the Court in California. The Court opined that it was unfathomable that if the passport could be issued in 2017 to the minor son after the parents had obtained the divorce decree, then why at the present stage when the son merely sought to renew the passport, such an over-pandemic approach was taken by the competent authority.
The Court opined that it was rather intriguing as to how a divorce wife would compel her ex-husband whose whereabouts were not known to her and expect him to come and submit himself to the jurisdiction of the Family Court, who had once out of his violation, conceded and submitted to the jurisdiction in the competent court in California. Further, the Court upon perusal of the Clause 4.4 read with 4.5 of the Compendium of Instructions Guidelines regarding issuance of passport dated 31-05-2022, opined that the envisaged requirement on the single parent was to submit an affidavit for the issuance of the passport in the minor’s favour, and the same had been fulfilled by the son’s mother. Therefore, the Court saw no reason as to why in compliance of the necessary steps, the son was not being issued the passport. The Court opined that in the present case, the father had not objected to the issuance of the passport and on the other hand, he abandoned his son. The son’s father had not even cared to pay any child care support in terms of the settlement arrived as per the divorce decree.
The Court opined that the minor child might lose his chance to miss his education in USA and also, might lose the benefit of naturalization. The minor child would be deprived of the prospects to a bright career which awaited him, and would also suffer the adverse consequences of not being with his mother, which was essential at this tender age. The Court further directed the respondents to issue passport to the minor child, since the delay was entirely attributable to the respondents.
The Court opined that passport issuing authority should take forthwith steps to give passport of the minor child to enable his grandparents to send him to USA to restore his custody with the mother. Further if any deficiency came to notice of the competent authority while issuing the passport, then such deficiencies should be put on hold and the passport should be issued to the minor child subject to the completion of formalities within a certain time period, failing which the competent authority should be at liberty to seek cancellation of the passport.
[Natik Singh v. Union of India, 2023 SCC OnLine Raj 3649, Order dated 17-11-2023]
Advocates who appeared in this case :
For the Petitioner: Rakesh Arora and Hardik Gautam, Advocate;
For the Respondents: Mukesh Rajpurohit, Deputy Solicitor General
