Arfa Amirkusro Jamadar And ANR v. Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1610 OF 2026 Digitally signed by VINA ARVIND KHADPE Date:

2026.02.09 15:27:54 +0530 Miss. Arfa Amirkusro Jamadar ....Petitioner VINA ARVIND KHADPE

Versus

Union of India & Anr.

....Respondents ---- Ms. Ankita Bamboli a/w. Ms. Priya Mehta, for the Petitioner. Mr. D. P. Singh, for Respondent Nos. 1 & 2.

---- CORAM : RAVINDRA V. GHUGE & ABHAY J. MANTRI, JJ.

DATE : 06th FEBRUARY, 2026 P.C. :- 1.

The Petitioner makes a statement that she has served Respondent No. 3, the husband of the Petitioner, by e-mail dated 02.02.2026 on his e-mail address. A photocopy of the said e-mail is taken on record and marked as 'X' for identification. 2.

The Respondent No. 3, husband of the Petitioner and father of the minor daughter, has not appeared before the Court despite the E-mail.

3.

We find no reason to keep this Petition pending, since the Family Court No. 5, Mumbai, has already passed an order dated 15.12.2025 below Exhs. 35 and 41 in Petition No. D - 13 of 2025,

thereby directing the Petitioner father to give his consent and sign the necessary documents along with the Respondent mother for renewal of the minor child's passport. The Respondent minor (the Petitioner before us) is directed not to leave India without the prior permission of the Court after obtaining the passport of the minor child.

4.

In view of the above, the father of the child was expected to obey the directions of the Family Court. The contention of the wife is that neither has the order been complied with, nor has the husband been cooperative.

5.

In view of the above, this Petition is allowed, in terms of Prayer Clauses A & B, which read as under : A.

This Hon'ble Court be pleased to pass an order to quash and set aside the impugned letter/communication issued by respondent no. 2 dated 26/09/2025.

B.

That this Hon'ble Court may be pleased to have a Writ of Mandamus and/or any other appropriate Writ or Order or Direction in the nature of Writ of Mandamus thereby directing respondent no. 2 to issue/renew the passport in the name of petitioner in pursuance of application No.

BO1075879469925 submitted by the mother of the petitioner herein being natural guardian being exhibit C to this petition.

(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)