Gayathiri v. The Regional Passport Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Gayathiri : Petitioner Vs.

The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai.

: Respondent P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to renew and reissue the passport of the petitioner based on her application dated 06.11.2024 in Application Reference No.24-1013409429 and File No. MD1077094948124 as per Schedule III of Passport Rules 1980. For Petitioner : Mr. T.Veerakumar For Respondents : Mr.P.Sundaravadivel CGSC

O R D E R

This writ petition has been filed for issuance of a writ of mandamus, directing the first respondent to renew the passport to the petitioner in application No.MD1077094948124, dated 06.11.2024, as per Schedule III of Passport Rules, 1980.

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2. The petitioner's case is that her first marriage was dissolved and she subsequently married one Manivannan. On 06.11.2024, the petitioner submitted an application to the respondent seeking for renewal of her passport. However, the respondent refused to renew the passport and required the petitioner to furnish a certificate of dissolution of her first marriage. Consequently, the petitioner has filed the present writ petition, seeking a direction to the respondent to renew and issue the passport. The learned counsel for the petitioner further submitted that, as per Schedule III of the Passport Rules, 1980, no proof of marriage or dissolution of marriage is required for a change of name in an existing passport due to marriage.

3. The learned Central Government Standing Counsel, appearing on behalf of the respondent, submitted that the name of the first husband was mentioned in the existing passport. Therefore, the authorities requested the petitioner to provide the dissolution of marriage certificate as claimed by the petitioner.

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4. Heard the learned counsels on either side and carefully perused the entire materials available on record.

5. Considering the facts and circumstances of the case and the provisions under Schedule III of the Passport Rules, 1980, the respondent is directed to consider the application of the petitioner dated 06.11.2024 and issue passport, if she is otherwise eligible for the same. It is also made clear that the respondent shall comply with the said direction on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition stands allowed. There shall be no order as to costs. 04.04.2025 Index : Yes / No Internet : Yes / No PKN 3/5

To The Regional Passport Officer, Office of the Regional Passport Office, Bharathi Uila Veedhi, Race Course Road, Madurai.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.7090 of 2025 04.04.2025 5/5