Vinothini v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.05.2025
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Vinothini
...Petitioner
Vs.
1.Union of India Rep.by its Secretary Ministry of External Affairs, Room No.74B, Gate No.04, South Block, New Delhi-110 011.
2.Government of India Represented by Joint Secretary National Commission for Women, Plot No.21, Jasola Institutiional Area, New Delhi - 110 025.
3.Embassy of India, Kuwait Represented by Second Secretary (Head of Chancery) Diplomatic Enclave, Arabian Gulf Street, P.O.Box 1450, Safat - 13015, Kuwait.
4.R.Anand
...Respondents
Prayer: The writ petition has been filed under Article 226 of the 1\5
Constitution of India for issuance of a Writ of Mandamus directing the 3rd respondent to receive the application for renewal of Passport in Application Ref.No.KWTA00204223 dated 22.03.2023 made for the petitioner's Children namely Jhogee (son) and Dhanusri (daughter) and renew their Indian Passports without insisting consent from the 4th respondent within a specific time as fixed by this Hon'ble Court. For Petitioner ...
Mr.G.M.Ananthakumar For Respondents ...
Mr.M.Sathyan CGSC
ORDER
The writ petition has been filed to direct the 3rd respondent to receive the application for renewal of Passport in Application Ref.No.KWTA00204223 dated 22.03.2023 made for the petitioner's Children namely Jhogee (son) and Dhanusri (daughter) and renew their Indian Passports without insisting consent from the 4th respondent. 2.The case of the petitioner is that her principal who is her daughter married the 4th respondent on 05.07.2012. From the Wedlock, two children were born namely one Jhogee and Dhanusri, who are aged about 11 and 6 years respectively.
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3. Due to dispute and differences that arose between the petitioner and the 4th respondent, they had separated. The passport that was issued to minor Jhogee is valid till 09.02.2026 and that issued to minor Dhanusri is valid till 17.07.2026. Hence, the petitioner filed an application for renewal of the passport on 22.03.2023. The 3rd respondent returned the application stating that the consent of the husband, the 4th respondent is essential. The petitioner states she is separated from the 4th respondent and not in a position to obtain the consent from him for the purpose of renewal. Hence, the writ petition.
4. When the matter came up for admission, Mr.M.Sathyan, the learned Central Govt. Standing Counsel states that the application of the petitioner will be processed and the passport of the two children will be renewed without insisting upon the no objection to be given by the 4th respondent. As the grievance of the petitioner is addressed by the statement made by the learned Central Govt.Standing Counsel, nothing further needs to be done other than recording the statement. The 3rd respondent shall process the application filed for renewal and issue the 3\5
renewed passport to the minors within a period of four weeks from the date of receipt of a copy of this order. At the time of renewal, she will not insist upon the no objection certificate from the father. In view of the above, the writ petition is disposed of. No costs. Index : Yes/No Internet: yes/No sms/rs 16.05.2025 To 1.Union of India Rep.by its Secretary Ministry of External Affairs, Room No.74B, Gate No.04, South Block, New Delhi-110 011.
2.Government of India Represented by Joint Secretary National Commission for Women, Plot No.21, Jasola Institutiional Area, New Delhi - 110 025.
3.Embassy of India, Kuwait Represented by Second Secretary (Head of Chancery) Diplomatic Enclave, Arabian Gulf Street, P.O.Box 1450, Safat - 13015, Kuwait.
V.LAKSHMINARAYANAN,J.
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