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Aura Yw   25 March 2022

Passport for minor child

Hello Experts,

Please advise for my case. Am single mother separated with pending divorce proceedings. Am sole caretaker of my child past 14 years. When i applied for my sons passport renewal, the RPO demands for NOC from father or custody order. Both are impossible. As per passport seva site, for pending divorce scenarios, either court permission to issue passport without father consent or ANNEX C declaration is sufficient. I already submitted ANNEX C form but RPO not accepting. Now am trying for court permission by filing writ petition, will court grant me?



Learning

 2 Replies

Palak batra   29 March 2022

Dear Querist,

In the case of Juvairiya vs The Regional Passport Officer on 17 November, 2013, The petitioner is a divorcee. The marriage between her and Sri.Fazil Koorikkadan, S/o.Sulaiman, was solemnised on 13.7.2008. In that marriage, two children, Master Zayan Koorikkadan and Master Faizan Koorikkadan were born. A divorce by pronouncement of Talaq was effected on 14.5.2013 and an agreement regarding custody of children was entered into between the petitioner and Sri.Faisal. As per the said agreement, custody of the children was given to the petitioner and the father was given only visitorial rights and permission to have the company of the elder child during the summer vacation. After the divorce affidavits were not acceptable to the Passport Issuing Authority, who sent Ext.P4 letter dated 2.1.2014 to the petitioner informing her that she should either obtain the consent of the father of the children to apply for and obtain passports for the children or obtain a declaratory order from the court granting her custody of the children and permitting her to apply for passports for them without the consent of the father. She was also informed that on production of either of the aforesaid documents, the passport applications will be processed for issue of the passports. Ext.P4 letter is under challenge in this writ petition wherein the petitioner prays for the following reliefs:- 
(i) Issue a writ of certiorari or any other appropriate writ, order or direction, quashing Ext.P4 order issued by the respondent, after calling for the records leading to issuance of Exhibit P4.
(ii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent to process the passport applications applied as per ExhibitsP2 & P2(a) applications and issue the passport forthwith on the basis of Exhibits P3 and P3.

The writ petition was quashed Ext.P4 and direct the Regional Passport Officer, Malappuram to issue a passport to the petitioner's minor children expeditiously and in any event within an outer limit of one month from the date on which the petitioner produces a certified copy of this judgment before him. The parties shall bear their respective costs.

Regards,
Palak

P. Venu (Advocate)     14 April 2022

Filing a Writ Petition requires no permission any authority.


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