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Consent Of Father Not Required For Issuing Passport To Infant : Telangana HC

  • 05:00 PM, 24 May 2024




Synopsis

The petitioner argued that she needed to travel abroad with her four-month-old child for a neurosurgery consultation and despite her urgent need, the Regional Passport Officer had insisted on the father's consent or a court order as prerequisites for issuing the passport


The High Court of Telangana, in a recent ruling, has held that a passport for an infant can be issued without the consent of the father.


The court, presided over by Justice Anil Kumar Jukanti, in the instant case directed the issuance of a passport for a minor child, Master Akram Ali Syed, without requiring the consent of his father.


The court’s decision came on a writ petition, filed by the child's mother, sought a mandamus writ to declare the Regional Passport Officer's refusal to issue the passport as arbitrary and in violation of Articles 14 and 21 of the Constitution of India.


The petitioner argued that she needed to travel abroad with her four-month-old child for a neurosurgery consultation. Despite her urgent need, the Regional Passport Officer had insisted on the father's consent or a court order as prerequisites for issuing the passport. This communication was issued on April 10, 2024.


During the hearing, the Deputy Solicitor General referenced a similar case (W.P.No.9481 of 2024) in which the court had previously ordered the issuance of a passport under comparable circumstances. The court reviewed the order from the earlier case, passed by Justice C.V. Bhaskar Reddy, and found it applicable to the present situation.


In that case, the petitioner argued that the refusal to issue the passport without the father's consent is an unnecessary and unjust requirement. It was further highlighted that according to the Passports Manual, 2022, such a stipulation is not mandatory, and awaiting an order from a competent court should not delay the process.


The court after examining the issue raised, ruled in favour of the petitioner. The court mandated the immediate issuance of the passport for Master Akram Ali Syed, bypassing the need for the father's consent. The court emphasised adherence to the precedent set in the earlier case, noting that “this Court is of the opinion that in similar circumstances passport was directed to be issued.”


Consequently, the court ruled “In view of the same, this Court is not inclined to deviate from the order passed in W.P.No.9481 of 2024 since it is squarely applicable to the facts of the present case. Hence, the authorities are directed to issue passport to the petitioner’s infant child viz., Master Akram Ali Syed immediately, dehors the consent of respondent No.3. (the father)”

 

Cause Title: Ayesha Adeeba v Union of India [WP/13426/2024]


Read the full judgment below:


Ayesha Adeeba v Union of India [WP_13426_2024]
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