Febeena K.B v. Union Of India
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN WEDNESDAY, THE 19TH DAY OF AUGUST 2015/28TH SRAVANA, 1937 WP(C).No. 15269 of 2015 (G) ---------------------------- PETITIONER :
----------------------- FEBEENA K.B., D/O.K.A.BAVA,AGED 25 YEARS, KOYALIPARAMBIL HOUSE,THAIKKATTUKARA P.O., AMBATTUKAVU, ALUVA-683 106.
BY ADVS.SRI.C.A.CHACKO SMT.C.M.CHARISMA RESPONDENT(S):
----------------------------
1. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI-110 001.
2. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, KOCHI-682 036.
3. RAPHEEK M.P., S/O.PAREED,AGED 38 YEARS, MANACKAPARAMBU HOUSE, BEERAKUTTY ROAD, KOONAMTHAI, EDAPPALLY P.O., KOCHI-682 024.
R1 & R2 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R3 BY ADV. SRI.SEBY JOSEPH SRI.BENNY VARGHESE (THETTAYIL) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 15269 of 2015 (G) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT. P1 :
TRUE COPY OF THE MARRIAGE CERTIFICATE DT. 13-10-2010. EXT. P2 :
TRUE COPY OF THE RELEVANT PAGE OF THE PETITIONER'S PASSPORT.
EXT. P3 :
TRUE COPY OF THE AGREEMENT BETWEEN THE PETITIONER AND 3RD RESPONDENT DT. 7-1-2014.
EXT. P4 :
TRUE COPY OF THE CERTIFICATE DT. 15-4-2014 ISSUED FROM VATTEKKUNNAM MUSLIM JUMA-ATH.
EXT. P5 :
TRUE COPY OF THE APPLICATION DT. 3-3-2015 OF PETITIONER. EXT. P6 :
TRUE COPY OF THE JUDGMENT DT. 23-2-2015 OF THIS HON'BLE COURT IN WPC.NO. 4955/2015.
EXT. P7 :
TRUE COPY OF THE AFFIDAVIT DT. 3-3-2015 OF 3RD RESPONDENT RESPONDENT(S)' EXHIBITS:
NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts
ANIL K. NARENDRAN, J.
------------------------------- W.P.(C) No.15269 of 2015 ---------------------------------------------- Dated this the 19th day of August, 2015
JUDGMENT
The petitioner, who is the holder of Ext.P2 passport No.J1490803 has filed this writ petition seeking a writ of mandamus commanding the 2nd respondent to re-issue her passport deleting the name of her former husband, namely the 3rd respondent and changing the address, without insisting production of divorce order from a court of law, in the light of Ext.P4 certificate.
2. Alongwith the writ petition, the petitioner has produced Ext.P7 affidavit filed by the 3rd respondent in which he has stated that he has no objection in removing his name from the petitioner's passport. The petitioner is relying on Ext.P6 judgment of this Court in W.P.(C). No.4955/15 filed by the 3rd respondent herein seeking an order to remove the name of the petitioner wife from his passport. By the said judgment this Court has directed the 2nd respondent to effect necessary correction in his passport. The petitioner would submit that,
W.P.(C) No.15269/2015 pursuant to Ext.P6 judgment, the 2nd respondent has already effected correction in the passport of the 3rd respondent.
3. I heard the arguments of the learned counsel for the petitioner, learned Assistant Solicitor General of India for respondents 1 and 2 and also the learned counsel appearing for the 3rd respondent.
4. The learned counsel for the 3rd respondent would submit that the 3rd respondent has no objection in granting the reliefs sought for in this writ petition.
In the said circumstances, there will be a direction to the 2nd respondent to effect necessary correction in the petitioner's passport by deleting the name of the 3rd respondent and changing the address, at the earliest, at any rate, within two weeks from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above.
sd/- ANIL K. NARENDRAN, JV JUDGE