Name of father
Deepak Nair
(Querist) 01 June 2012
This query is : Resolved
Dear Sirs,
Kindly advise me on the following issue.
"whether it is mandatory for a person to mention his father's name along with his name or can he mention just his name without mentioning his father's name.
What would be the outcome if that person does not mention his father's name?
Is there any provision in law which makes it compulsary to mention the name of father along with own name in forms, applications, passport, PAN card etc??
V R SHROFF
(Expert) 01 June 2012
It is not mandatory to mention father's name .
He can just mention his name , without mentioning his father's name.
There is no problem. no outcome.
In certain forms, authorities demand father & mother's name, and if not furnish, that [particular authority have right to reject your FORM OR APPLICATION.
UNDER THE CIRCUMSTANCES, THE AUTHORITY CONCERNED MAY OR MAY NOT GET CONVINCED.
I know one case of BAR COUNCIL that a lady Advocate mentioned her name "Vijaya" , and practicing. [name changed to avoid identity] no name of father/mother. no husband. and was trf from Bihar Bar Council. She refused to mention Father/ husband name, and enrolled practicing in Maharashtra.
Deepak Nair
(Querist) 01 June 2012
Dear Sir,
Thanks for your prompt reply. I was searching regarding any provision in law with regards to the same. But couldn't find.
Can we say that we have the right to use our name as per our wish as per Art.21 of Constitution which provides for Right to Life and Personal Liberty.
Thanks a lot.
ajay sethi
(Expert) 01 June 2012
Father’s name not must for passport: HCMon Feb 28 2011,
A single mother’s determination in procuring a passport for her daughter without having to mention the father’s name on the document, led the Delhi High Court to announce what is likely to be hailed as a progressive ruling.
The court, finding merit in the petitioner’s plea, directed Delhi’s Regional Passport Office (RPO) to deal with such issues on a case-wise basis and not make the absence of the father’s name the ground for rejection of applications.
The petition was moved by the Naraina-based mother of two girls, who got a divorce in 2007. She told the court that her husband had left her barely four months after the birth of her younger daughter and had not checked on the children since.
When the RPO refused her daughter a passport, she decided to take the fight to court.
Holding that the father’s name was not mandatory in every case, Justice S Muralidhar said there were certain exceptional circumstances where a person, as a matter of justice and fair play, must be allowed to decide whether he/she wants to mention the father’s name.
Among a few such circumstances named by the court are: passport application of a child by a divorced mother, a case where the father has severed all contact with the child or when the father is unknown (likely in cases of birth due to sexual assault).
According to Justice Muralidhar, in all such and similar cases, an insistence on mentioning the father’s name was not just and an affidavit sworn before a magistrate furnishing the reason for not indicating the name was good enough. “In these cases, the name of the father should be left blank and should not be entered in the passport without his written consent. As admission by a woman of the birth of a child out of wedlock invites social stigma, it may be presumed that rarely would she tell a lie in this regard,” noted the court, which also referred to the passport office’s 1999 rules that had made such conditions less strict.
Justice Muralidhar also called for a necessary check on allowing all such applications “to safeguard against cases of abduction or kidnapping”.
“The officer should insist on the affidavit, supported by a birth certificate from a hospital or the Registrar of Births and Deaths or a municipality,” he said.
Justice Muralidhar directed the RPO to hand over the passport to the mother, who had moved the petition through advocate Tarun Goomber, within two weeks of her submitting the affidavit a
Deepak Nair
(Querist) 01 June 2012
Dear Ajay Sir,
Thanks a lot for sharing this case and enlighting my knowledge on this issue.
V R SHROFF
(Expert) 01 June 2012
Thanks Ajayji, for Promp case Law, on Passport.
ajay sethi
(Expert) 01 June 2012
thanks for your appreciation
Sankaranarayanan
(Expert) 01 June 2012
wow great citation given by mr sethi, thaks mr ajay sethi sir today i knew one more mark
Shonee Kapoor
(Expert) 02 June 2012
Thanks to Ajay Sir.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Querist) 02 June 2012
Dear Sirs,
I have been searching for the judgment in internet since yesterday. Kindly help me with the citation of the same.
Thanks
ajay sethi
(Expert) 02 June 2012
deepak
i dont have citation . i found an article in indian express referring to said judgement whih i have posted on this query .
Deepak Nair
(Querist) 04 June 2012
Dear Sirs,
Please find the judgment referred above:
IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) 5100/2010
ISHMAN .....
Petitioner
Through: Mr. Tarun Goomber and
Mr. Pankaj Mendiratta, Advocates.
versus
REGIONAL PASSPORT OFFICE AND ANR ..... Respondents
Through: Mr. Ruchir Mishra, Advocate.
CORAM: JUSTICE S.MURALIDHAR
O R D E R
21.02.2011
1. By this petition, the Petitioner, a minor through her mother as natural
gaurdian seeks a direction to the Respondents to issue a passport in her favour,
without indicating the father?s name.
2. Clause 4(2) of the Instructions dated 5th October 2009 relied upon by the
Respondents in the instant case applies only in the event of remarriage after
divorce of the person who is making the application. That clause does not apply
here because the Petitioner?s mother has not remarried after divorce.
3. Counsel for the Petitioner, however, states that the Petitioner?s mother is
prepared to give an affidavit to the Passport Authority that she does not intend
to remarry and that in the event she intends to, then she will inform the
Passport Authority in advance.
4. The Respondents have themselves enclosed another set of instructions in a
reference letter (Annexure R-2) issued on 21st April 1999. Clause 3.2(a) thereof
reads as under:
?3.2 Child born out of wedlock or child having single parent (Reference letter
No. V.I/402/2/1/97 dated 21.4.1999).
a) Cases where: (i) the mother who is an Indian citizen, claims that the
biological father had no contact with the mother or the child after the child?s
birth; or where (ii) the child?s father is either unknown (for example a child
born after a rape etc.) or (iii) has terminated the relationship with the mother
after conception.
In these cases, the PIA should obtain an affidavit from the mother to that
effect sworn before a magistrate (Appendix 23). In these cases, the name of the
father should be left blank and should not be entered in the passport without
his written consent. As admission by a woman of the birth of a child out of
wedlock invites social stigma, it may be presumed that rarely would she utter a
lie in this regard. However, to safeguard against cases of abduction/
kidnapping, the PIA should insist on the affidavit of the mother being supported
by a birth certificate from a hospital or the Registrar of Births and Deaths or
a municipality.?
5. It is plain that as far as the present case is concerned, with the decree of
mutual divorce having been passed by the competent civil court in 2007 itself,
the case of the Petitioner would be covered under Clause 3.2(a) of the above
instructions dated 21st April 1999.
6. The Petitioner?s mother should now produce before the Regional Passport
Officer (`RPO?) an affidavit sworn by her before the Magistrate in terms of
Clause 3.2(a) within a period of two weeks. The said affidavit will also
incorporate the necessary assertion that the Petitioner?s mother will inform the
RPO in the event she proposes to remarry. If such an affidavit is furnished,
then the RPO will ensure that the name of the father in the passport of the
Petitioner is left blank. The necessary correction in the passport be made
within a further period of two weeks after the said affidavit is furnished.
7. The petition is disposed of with the above directions.
8. Order dasti to the counsel for the parties.
S. MURALIDHAR, J
FEBRUARY 21, 2011
akg
W.P.(C) No. 5100/2010
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