Vijaya Sree 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 Vijaya Sree ... Petitioner Vs.
1.The Regional Passport Officer, Madurai Region, Bharathi Ula Veethi, Race Course Road, Madurai District.
2.The Superintendent of Police, Tirunelveli District.
... Respondents (R5 is suo motu impleaded vide Court order dated 05.12.2024 in W.P.(MD)No.28834 of 2024 by LVGJ) PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to issue passport to the petitioner's daughter, namely V.S.Krithiga Selvi bearing application reference Number File No.MD2066600211124, dated 26.10.2024, by including the name of A.Subramanian as the father/legal guardian.
For Petitioner : Mr.K.Rajeshwaran For 1st Respondent : Mr.C.Nandagopal Central Government Standing Counsel For 2nd Respondent : Mr.C.Gnanasekaran Government Advocate (Crl.) 1/5
ORDER
This Writ Petition is filed, seeking to direct the respondents to issue passport to the petitioner's daughter, namely V.S.Krithiga Selvi, by including the name of A.Subramanian as father/legal guardian. 2.Heard the learned counsels on either side and carefully perused the entire materials available on record.
3.The petitioner married one Paramarthalingam on 18.10.2012 and she was blessed with a girl child on 24.09.2013, who was christened with name P.Abhivarshini. However, her name is changed as V.S.Krithiga Selvi and the same is notified in Tamil Nadu Government Gazettee No. 16652 dated 24.05.2017. In the interregnum, the petitioner divorced her erstwhile husband, by order of the learned Family Judge, Tirunelveli, H.M.O.P.No.328 of 2016 dated 29.03.2016. Her earlier husband had remarried. The petitioner subsequently, married one A.Subramanian on 16.07.2024. The child V.S.Krithiga Selvi is under the care and custody of the petitioner and A.Subramanian and both the petitioner and her present husband possess passports. The petitioner made an application for obtaining passport for her minor daughter V.S.Krithiga Selvi, before the first respondent. Even after appearing for the enquiry, the petitioner's application is kept pending. In view of the same, this Writ 2/5
Petition came to be filed, to direct the respondents to issue passport to the petitioner's daughter, namely V.S.Krithiga Selvi, by including the present husband A.Subramanian as father/legal heir in the said passport. 4.However, the learned counsel for the first respondent submitted that self declaration in the plain paper stating that the petitioner do not want to have biological father's name of the child in her passport to be made. On receipt of the same, the petitioner's application may be considered.
5.In view of the same, the petitioner is directed to appear before the first respondent within a period of two weeks from the date of receipt of copy of this order and submit the necessary documents and declaration as sought for by the first respondent in this regard. On receipt of the same, the first respondent directed to issue passport as requested by the petitioner within a period of four weeks thereafter. 6.Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.
06.12.2024 NCC : Yes / No Index :
Yes / No Internet :
Yes Mrn 3/5
To 1.The Regional Passport Officer, Madurai Region, Bharathi Ula Veethi, Race Course Road, Madurai District.
2.The Superintendent of Police, Tirunelveli District.
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L.VICTORIA GOWRI, J.
Mrn 06.12.2024 5/5