Sulaiha Barvin v. The Secretary To The Government Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2026

CORAM

THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR Sulaitha Barvin ... Petitioner vs.

1.The Secretary to the Government of India, Ministry of External Affairs, No.74B, South Block, New Delhi.

2.The Consular General, Indian Embassy, 2536 Massachusetts Avenue, NW, Washington, DD 20008.

United States of America.

3.The Regional Passport Officer, Regional Passport Office, Bharathi Ula Veethi, Race Course Road, Madurai 625 002.

4.Mohamed Feroze ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 2nd and 3rd respondent to renew the passport of the petitioner minor son Mohammed Ashfaq, bearing Passport No.U8768707 based on the petitioner's 1/5

application dated 10.11.2025 and 12.05.2026 in File No.EOI120460924814/1, without insisting upon a No Objection Certificate from the fourth respondent, within a time frame to be fixed by this Court.

For Petitioner :Mr.S.Yogeswaran For R1 to R3 :Mr.G.Vishnuram Central Government Standing Counsel *****

O R D E R

The petitioner has approached this Court seeking a direction to the respondent to consider her online application and representations dated 10.11.2025 and 12.05.2026 seeking renewal of passport in favour of her minor son. The application has not been processed on the ground that the father of the minor child has not furnished his consent for the issuance of the passport.

2.In identical circumstances, a Co-ordinate Bench of this Court in W.P.(MD) No.24403 of 2025, by order dated 10.09.2025, following the decisions in Zaynab Aaliyah Mohamed v. Union of India (W.P. No. 25962 of 2024), L. Deepika v. Union of India, Juvairiya v. Regional Passport Officer and Chaitanya S. Nair v. Union of India, issued the 2/5

following directions:

"(i) The petitioner shall appear before the respondent authority on the date fixed by the authority;

(ii) The petitioner shall furnish such affidavits and supporting documents as may be required by the respondent authority in terms of the aforesaid judgments;

(iii) Upon furnishing the same, the respondent authority shall consider the application for issuance of passport notwithstanding the fact that the petitioner's spouse has not signed the passport application; and (iv) The entire exercise shall be completed within a period of two weeks from the date of the petitioner's appearance before the authority and submission of the required documents."

3.The facts of the present case being identical, this writ petition is disposed of in terms of the aforesaid order. The petitioner shall furnish such affidavit(s) and supporting documents as may be required by the respondent authority. Upon submission of the same, the first respondent shall consider the application for renewal of passport in favour of the petitioner's minor son, namely, Mohammed Ashfaq, notwithstanding the fact that the petitioner's husband has not signed the passport application. 3/5

4.The first respondent shall thereafter process the application and pass appropriate orders in accordance with law. If the application is otherwise found to be in order, the passport shall be renewed and issued in favour of the minor child.

5.The aforesaid exercise shall be completed within a period of two weeks from the date of submission of the required documents by the petitioner before the respondent authority.

6.There shall be no order as to costs.

Index :Yes / No 04.06.2026 Internet :Yes / No NCC :Yes / No cmr 4/5

HEMANT CHANDANGOUDAR, J.

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