Chherish Singh v. Union Of India And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 2023:PHHC:124879 CM-16282-CWP-2023 in/and CWP-12474 of 2022 Date of Decision:22.09.2023 Cherrish Singh ....Petitioner vs.

Union of India and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. Sandeep Godara, Advocate for Mr. Ajay Pal Singh Rehan, Advocate for the non-applicant-petitioner Mr. Karan Kumar Jund, Central Govt. Counsel for the applicants-respondents *** JAGMOHAN BANSAL, J. (ORAL) CM-16282-CWP-2023 1.

Allowed as prayed for.

2.

Written statement alongwith Annexures R-1 and R-2 filed on behalf of Union of India is taken on record. Registry is directed to tag the same at appropriate place.

CWP-12474 of 2022 3.

The petitioner through instant petition under Article 226 of the Constitution of India is seeking direction to respondent No. 2 to accept application of the petitioner for issuance of passport submitted through mother as single parent.

4.

The petitioner is a minor child and he is staying with his PARAMJIT KAUR SAINI 2023.09.22 16:17 I attest to the accuracy and authenticity of this order/judgment

CM-16282-CWP-2023 in/and CWP-12474 of 2022 -2-



mother. Marriage of parents of the petitioner stands dissolved vide decree of divorce dated 10.04.2014 passed by District Judge, Pathankot. The petitioner, at present, is staying with his mother, thus, application seeking passport was filed alongwith Annexure 'C' filled by mother of the petitioner. 5.

Learned counsel for the petitioner submits that in terms of instructions issued by Central Government as well as different forms prescribed to advert with similar situations, the petitioner is entitled to passport, though father of the petitioner has not extended his consent. 6.

Learned counsel for Union of India submits that application of the petitioner, if it is still pending, would be processed according to instructions issued by Central Government. If need arises, notice would be sent to father of the petitioner and petitioner would be asked to appear before passport authority alongwith his mother.

7.

Learned counsel for the petitioner agrees to the aforesaid arrangement.

8.

In the wake of statements of both sides, petition stands disposed of. It is made clear that if application of the petitioner has already been closed, the petitioner would be at liberty to file a fresh application which would be disposed of within eight weeks from the date of application. (JAGMOHAN BANSAL) JUDGE 22.09.2023 paramjit Whether speaking/reasoned: Yes Whether reportable: Yes/No PARAMJIT KAUR SAINI 2023.09.22 16:17 I attest to the accuracy and authenticity of this order/judgment