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High Court of KeralaWP(C)/9244/2015disposed of

Ajmal Shan E.K v. The Regional Passport Officer

2015-04-10Honourable Mr.Justice A.M.Shaffique4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 WP(C).No.9244 of 2015 (E) --------------------------- PETITIONER :

------------------------- AJMALSHAN E.K., AGED 37 YEARS S/O.K.K.IBRAHIM, KARUKUNNATH HOUSE, PALLIKKARA KUMARAPURAM P.O, ALUVA 683 565.

BY ADVS.SRI.PAUL K.VARGHESE SMT.A.A.GEETHA RESPONDENT :

-------------------------- THE REGIONAL PASSPORT OFFICER GROUND FLOOR, AIR PORT SEA PORT, KOCHI ERNAKULAM DISTRICT, PIN: 682 301.

BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 9244 of 2015 (E) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 :

A TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT EXT.P2 :

A TRUE COPY OF THE CERTIFICATE OF DIVORSE ISSUED BY THE ROYAL COURT OF AFFAIRS DATED 7/7/12 EXT.P3 :

A TRUE COPY OF THE CERTIFICATE OF MARRIAGE ISSUED BY GOVERNMENT OF TAMILNADU TO THE PETITIONER DATED ON 27/2/15 EXT.P4 :

A TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY PALLIKARA MUSLIM JAMAYATH TO THE PETITIONER DATED 18/2/15 EXT.P5 :

A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 9/3/15. RESPONDENT(S)' EXHIBITS NIL ---------------------------------------- /TRUE COPY/ PA TO JUDGE VS

A.M.SHAFFIQUE, J ----------------------------------------------- W.P.(C).No.9244 of 2015 ----------------------------------------------- Dated this the 10th day of April, 2015

JUDGMENT

The petitioner had approached this Court, seeking for a direction to the respondent to change his spouse's name in the Pass Port as he had divorced the earlier wife 'Kushbu' and has remarried another person by name 'Saniba'.

2. The learned Assistant Solicitor General appearing on behalf of the respondent submits that the application of the petitioner had been rejected on account of two factors. One is that the name of the petitioner's wife which is reflected in the divorce certificate issued by the Royal Court of Affairs, Sultanate of Oman is shown as 'Mrs.Aliya', whereas in the Pass Port it is shown as 'Kushbu'. That apart the order of the Court is not certified by the Indian Consulate.

3. The learned counsel for the petitioner submits that Mrs.Aliya has another name as 'Kushbu' which is entered in the Pass Port. Pass Port number of

W.P.(C).No.9244 of 2015 Mrs.Aliya is also mentioned in the order passed by the Royal Court of Affairs.

4. Whatever that might be, unless the Pass Port Officer has all the necessary particulars to make corrections entered in the Pass Port, it may not be possible for this Court to issue a direction in this regard. Accordingly this writ petition is disposed of, permitting the petitioner to file appropriate application with all necessary particulars and showing the correct details/documents which would substantiate the same and duly attested by the appropriate authority.

Sd/- A.M.SHAFFIQUE JUDGE vs /TRUE COPY/ PA TO JUDGE