Minor.Harshithkalyan v. The Regional Passport Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06.12.2024
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Minor Harshithkalyan Rep. By Mother and Guardian Mrs.Suriya ... Petitioner Vs.
1.The Regional Passport Officer, Race Course Road, Madurai - 625 002.
2.The Passport Officer, Passport Seva Kendra, Melakkal Main Road, Kochadai, Madurai - 625 016.
3.K.M.Navaneethakrishnan 4.The Inspector of Police, All Women Police Station, Thilagar Thidal, Madurai City.
(R4 is suo motu impleaded vide Court order dated 15.11.2024 in W.P.(MD)No.27203 of 2024 by LVGJ) 5.The Superintendent of Police, Sivagangai District.
... Respondents (R5 is suo motu impleaded vide Court order dated 03.12.2024 in W.P.(MD)No.27203 of 2024 by LVGJ) 1/6
PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent nos.1 and 2 to re-issue passport to the minor petitioner Harshithkalyan in Passport Application No.ARN:24-1012229017.
For Petitioner : Mr.D.Malaichamy For Respondents 1 & 3 : Mr.C.Rajaram Government Advocate For 3rd Respondent : Mr.T.Lenin Kumar For Respondents 4 & 5 : Mr.K.Gnanasekaran Government Advocate (Crl.)
ORDER
This Writ Petition is filed, seeking to direct the respondents 1 and 2 to issue passport to the minor boy.
2.Heard the learned counsels on either side and carefully perused the entire materials available on record.
3.The petitioner's mother married the third respondent on 22.05.2013. In view of the indifference which crept in the matrimonial life of the mother and the father, the third respondent filed a petition for divorce in H.M.O.P.No.652 of 2022 before the Family Court, Madurai. The petitioner's mother filed H.M.O.P.No.876 of 2021, seeking restitution of conjugal rights against the third respondent before the Family Court, Madurai. Both the cases are pending as on today. The petitioner possessed an Indian passport No.P3809939, which was issued on 2/6
15.09.2016, which expired on 14.09.2021. The petitioner is presently studying 4th standard in Queen Mira International School and he participated in National Taekwondo Competition on 27th and 28th of January 2024 at Bangalore and he had won medals and similarly he is interested in participating in international level competitions. For which, he will have to travel to foreign countries. Hence, the passport is necessary to the petitioner, enabling him to visit foreign countries to participate in several competitions. Hence, he made an application for reissuing passport to the second respondent on 04.10.2024 and interview was fixed on 07.10.
2024, by the second respondent, wherein it was found that Annexure - C, which is a declaration required to be submitted by either of the parents on behalf of the minor, who are separated but not formerly divorced, has to be submitted. However, since H.M.O.P. is still pending, the petitioner's mother and third respondent are not judicially separated legally and for want of said Annexure, the petitioner's application is kept in abeyance. Hence, the Writ Petition came to be filed. 4.When the matter was taken up for hearing, the learned Standing Counsel appearing for the respondents 1 and 2 on instructions submitted that unless and until the Annexure - C is produced by the petitioner's mother, the petitioner's application for re-issuance of passport cannot be considered.
application for re-issuance of passport would be considered. 5.Recording the said submission, this Court passed an order on 03.12.2024, suo motu impleading the fifth respondent and directing the fifth respondent to produce the third respondent before this Court. On appropriate intimation from the fifth respondent Police, the third respondent made his submission today before this Court, when the matter came up for hearing through his Advocate. 6.The learned counsel for the third respondent submitted that the third respondent has no objection in the matter of re-issuance of the passport to his minor son. He is also prepared to sign in any required form for the said purpose.
7.Recording the aforesaid submission, this Court hereby direct the respondents 1 and 2 to process the already pending application ARN: 24-1012229017 made by the petitioner without insisting on consent from the petitioner's father and issue passport to the minor. In the instant case, the 1st respondent can only insist upon Annexure - C, for which consent of the separated spouse of the mother of the minor is unwarranted.
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8.Accordingly, this Writ Petition is allowed. There shall be no order as to costs.
06.12.2024 NCC : Yes / No Index :
Yes / No Internet :
Yes Mrn To 1.The Regional Passport Officer, Race Course Road, Madurai - 625 002.
2.The Passport Officer, Passport Seva Kendra, Melakkal Main Road, Kochadai, Madurai - 625 016.
3.The Inspector of Police, All Women Police Station, Thilagar Thidal, Madurai City.
4.The Superintendent of Police, Sivagangai District.
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L.VICTORIA GOWRI, J.
Mrn 06.12.2024 6/6