M.Hajoora Asmi v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN M.Hajoora Asmi ... Petitioner Vs
1. The Regional Passport Officer, Regional Passport Office, Madurai Claret Plaza, Melakkal Main Road, Kochadai, Madurai - 625016.
2. The State of Tamil nadu through its Inspector of Police, Karuppayurani Police Station, Madurai Madurai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the first respondent to issue a passport to the petitioner's minor daughter Aaliya Balqis by considering the petitioner's application in File No.MD1067445281725 without insisting to change the spouse 1/5
name in the father's passport of the minor daughter's father, within stipulated time.
For petitioner : Mr. R.Rajamohan For respondents : Mr.S.Selva Krishnan Central Government Standing Counsel for R1 Mr.K.Sanjai Gandhi Government Advocate (Crl.Side) for R2 *****
ORDER
This Writ Petition is disposed of at the time of admission itself.
2. Mr.S.Selva Krishnan, learned Central Government Standing Counsel takes notice for the first respondent and Mr.K.Sanjai Gandhi, learned Government Advocate (Crl.Side) takes notice for the second respondent.
3. The petitioner is the biological mother of the minor, namely, Aaliya Balqis. An application for issuance of passport was made by the petitioner for her daughter on 27.02.2025, which has been received and acknowledged by the first respondent, but returned with following endorsement: "Father ppt spouse name differ."
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4. It is informed by the learned counsel for the petitioner that the petitioner is the second wife of the Kaleel Rahman.
5. However, it is further submitted by the learned counsel for the petitioner that the petitioner's husband was earlier married one Mumtaj Begam, whose name appears in the passport issued to the petitioner's husband, namely, Kaleel Rahman. The petitioner has filed a copy of the Divorce Agreement dated 18.02.2013 and Marriage Certificate between the petitioner and her husband, namely, Kaleel Rahman. The petitioner's husband should have ensured the changes in the passport that has been issued. However, these are only the procedure.
6. By that as it may, in the birth certificate of the minor Aaliya Balqis, there is mention that the name of the petitioner as mother and the said Kaleel Rahman as father. These are sufficient for processing the passport of the minor child, namely, Aaliya Balqis.
7. Considering the same, there shall be a direction to the first respondent to 3/5
process the passport application of the minor child after scrutinizing the records within a period of two months from the date of receipt of a copy of this order.
8. This Writ Petition is allowed, with above observations. No costs. Index : Yes / No 03.06.2025 Internet : Yes / No apd To
1. The Regional Passport Officer, Regional Passport Office, Madurai Claret Plaza, Melakkal Main Road, Kochadai, Madurai - 625016.
2. The Inspector of Police, Karuppayurani Police Station, Madurai Madurai.
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C.SARAVANAN, J.
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