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High Court of KeralaWP(C)/25845/2015disposed of

Sumayya v. Passport Officer

2015-12-21Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 WP(C).No. 25845 of 2015 (E) ---------------------------- PETITIONER :

----------------- SUMAYYA, AGED 25 YEARS, D/O. ABDUL MANAF, PONNISSERY HOUSE, TRIPPEKULAM, MATHILAKAM P.O., THRISSUR, KERALA-680685.

BY ADVS.SMT.NAINA RAJI NAIR SMT.S.LAKSHMY RESPONDENTS :

----------------------

1. PASSPORT OFFICER PASSPORT OFFICE, PANAMPILLY NAGAR P.O.

ERNAKULAM-682036.

*ADDL. R2 IMPLEADED :

2. MR. ABHEESH V.A., S/O. ABOOBACKER, VALIYAKATH HOUSE, P.O. VATANAPPALLY, PIN - 680614, CHAVAKKAD TALUK, THRISSUR DISTRICT, KERALA STATE, INDIA *ADDL. R2 IS IMPLEADED AS PER ORDER 12/10/2015 IN IA 13408/2015. R1 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

WP(C).No. 25845 of 2015 (E) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT NO.K0072604.

EXHIBIT P2:

TRUE COPY OF THE DIVORCE CERTIFICATE ISSUED BY IRSHADUL ANAM JUMA MASJID MAHALLUYR COMMITTEE, PERINJANAM. EXHIBIT P3:

TRUE COPY OF THE APPLICATION FOR RE-ISSUE OF PASSPORT BEARING REFERENCE NO.-15-1006314685.

RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.S. TO JUDGE bp

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.25845/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st Day of December, 2015

J U D G M E N T

The petitioner has been divorced by the second respondent as per the personal law applicable to them. The petitioner had approached the Passport Authority to remove the spouse name from the passport. The Passport Authority directed the petitioner to produce a divorce decree from a court of law. Aggrieved by the above, petitioner has approached this Court.

2.

Though notice was served on the second respondent, he has not chosen to appear to refute the factum of divorce asserted in the writ petition. In that view of the matter, it can be construed that they are divorced. The petitioner has also produced Exhibit-P2 in support of the claim for divorce. Therefore, there shall be a direction to the Passport Authority to correct the entry relating to the spouse name in the passport of the petitioner in accordance with law.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ms