High Court · 2025

Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a.writ, order or direction, particularly one in the nature of writ of Mandamus, declaring the action of the 2nd respondent in not issuing the passports in favour of the petitioners 2 and 3 without the name of the father in accordance with the clause 4.5.1 of chapter 8 and clause 4. of chapter I of the Passport Manual 2O2O and also action of the 2nd respondent pending the said passport applications as escalate case is illegal, arbitrary and violative of principles of natural justice and contrary to the provisions of the Passport Manual 2020 and consequently direct the 2'respondent forthwith to dispose the said applications of the petitioners 2 and 3 in accordance with provisions of Passport Manual 2020. 7 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumslances stlated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to issue passports in favour of the petitioners 2 and 3 without mentioning the name of their father in accordance with the Clause 4.5.1 of Chapter B and Clause 4. of Chapter 9 of the Passport tvlandil 2020, pending disposal of the above writ petition Counsel for the Petitioners: SRI MOHD SUBHAN PASHA Counsel for the Respondents: M/s. L.PRANATHI REDDY, Sr SC FOR CENTRAL The Court made the following: ORDER GOVT THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR W.P. No.8929 of 2o25 ORDER: Questioning inaction on the part ot .the respondent No.2, Regional Passport Officer, in issuing the passports in favour of ihe petitioners 2 and 3 without the name of the father in accordance with the Clause 4.5.1 of Chapter 8 and Clause 4 of Chapter 9 of the Passport Manual 2O2O, petitioners hled the present writ petition.

2. I t is the case of the petitioners that the petitioner No. 1 married with one Mr. Mohammed Kashif under Siyah/Nikahnama on

20.08.2016 and they were blessed with two children i.e. petitioners No.2 and 3. Thereafter, due to incompatibility between the petitioner No. I and her husband they decided to end the matrimonial relationship by way of mutual consent Qula/Divorce and entered into a settlement deed dated 15.12.2024 and both are living separately.

3. While so, since the petitioners No.2 and 3 are under the custody of the petitioner No. 1, she submitted applications to the respondent No.2 for issuance of passports in favour of the petitioners No.2 and 3 but the respondent No.2 authorities are not considering the said applications and kept pending the same as "Escalate Case', which is illegal and arbitrary. Hence, the petitioners filed the present writ petition. NVSI(. J w.P. No aq2g ol2O25

4. On the other hand, the learned Standing Counsel appearing for the respondents has placed a copy of the written instrur:tions dated

25.03.2025, based on which, it is submitted that rhe peritioner No. 1 has to furnish the name of the father of the petitioners No.2 and 3 to process the application for issuance of passports subjcct to usual checks. The learned Standing Counsel has drawn the attention of this Court to the Clause 4.3 of the Passport Manual 2020, which reads as under: ., ,L "in case of minor children of married parents, the name of father/mother shall be furnished by the other single parent having the custody of the chi1d, irrespective of the status of their marriage, as such, divorced, divorce pending, separated or deserted, with or without visitation rights to the estralged parent."

5. After arguing at length, the learned counsel for the petitioners submitted thai appropriate details will be lurnished in the application enabling the authorities to process the application for issuance of Passports to the petitioners No.2 and 3.

6. In that vieu, of the matter, without going into the merits of the case, this writ petition is disposed of, with the consent of the learned counsel for the parties, with a tiberty to tl.re petitioners to furnish the required details in the application for issuance of passports to the respondents No.2 arld 3 in terms of the Clause 4.3 of the passport Manual 2020, within a period of two (2) weeks from the date of receipt of a toly of this order. On furnishing such information by the --7 To -) NVS(, J w.P. No.8929 0f 2025 petitioners, the respondents authority are directed to consider.the same and pass appropriate orders thereon, in accordance with law, within a period of four (4) weeks thereafter. There shall be no order as to costs. . As a sequel, miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// SD/.T. TIRUMALA DEVI UTY REGISTRAR D I ECTION OFFICER irs, Pariyala House,

1. Under SecretarY, Union of lndia, Ministry of External Annex, Tilak Marg, New Delhi-l10 00'1 The Reg One CC One CC to SRI L PRAN Two CD CoPies ional PassPo rt Officer. Secunderaba to SRI IMOHD SUBHAN PASHA, Ad ATHI REDDY, ST SC d, Hyderabad. vocate IOPUC j FOR CENTRAL GOVT [OPUC] 2 3 4 5 PSK. BS w HIGH COURT DATED:0110412425 ORDER WP.No.8929 of 2025 ,r SiI4, o( I (i 2 4 AP it 2125 (t, * -ni DISPOSING OF THE WRIT PETITION WITHOUT COSTS eqI'ili