High Court · 2025

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO: 8899 OF 2025 Between: 1, Avantika Paneri, D/o. Vikram Paneri, being a minor aged about 15 years, R/o. Villa No.97, the neighbourhood, Gundlapochampally, Behind Palm meadows, Kompalli. Medchal-Malkajigiri district.

2. Ashvika Paneri, D/o. Vikr-am Paneri. being a minor aged about 17 years. R/o. Villa No.97, the neighbourhood, Gundlapochampally, Behind Palm meadows, Kompalli, Medchal-Malkajigiri district. both represented by her [\Iother and Natural Guardian Kamini Paneri, Wo. Vikram Paneri, aged about 48 years, Occ- Self Emplpyee. ...pETlTlONERS AND

1. The Union of lndia, represented by its Secretary, Ministry of External Affairs, Government of lndia at New Delhi.

2. The Regional Passport Office, represented by the Regional passport Officer, situated at D.No. 8-2-215 to 21 9, Kummarigu(a, Secunderabad, Telangana. 3 Vikram Paneri, S/o Colonel G N. Paneri Aged 46 years, Qcc Lieutenant Colonel in lndian Army R/o Devasya. Near Amba Mata Ghati. Jaisamand Road, Titerdi, Udaipur, Rajasthan 313002. Matampally Mandal, Suryapet District. . (Respondent No.3 is impleaded as per C.O d|27.03.2025 in lA. No.212025) ...RESPONDENTS circumstances stated in the Petition under Article 226 of the Constitution of lndia praying that in the affidavit filed therewith, the High Court may be I writ, order or direction more particularly one tn the pleased to issue an appropriat nature of WRIT OF MANDAMUS declaring the aclion of thefrespondent No. 2 in not considering the applicatio{r given for issuance of the PJssport to the Minor petitioners on the ground that consent of the other parent or a Court order for the same is required and letter rdf.No.OBJ/320121295124, dt.28.11.2024 to the 1st petitioner and letter bearing re{. No. O8J1320121301124, daled. 28.11.2024 to the 2 Petitioner, as illegal, arbitrafY, violation of Fundamental Rights such as Article 14. 19 and 21 of the Constit$ion of lndia apart from the law laid down by this ,: 6 I Hon'ble Court in WP.No.25962 of 2024 and consequently direct the Respondents No. 1 and 2 to issue passport to the ltlinor Avantika Paneri aged about 15 years and Ashvika Paneri, aged about 17 years, the Writ Petitioners herein bearing Passport Application Number- HY'1077056158124 ol the 1st petitioner and Application No. HY1077056595124 of the 2nd petitioner is illegal, arbitrary and violatiorr provisions of the Passport Act, 1967. l,A NO: 1 OF 025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents No 1 and 2 to consider applications of petitioners Passport Application Numbers-HYl077056158124 of the lst petitioner and the 2nd petitioner application number. HY1077056595124, dt.2410.2024 without reference to letter bearing ref. No. O8J1320121295124, dt.28.. 1.2O24 o'f the 1st petitioner and Letter ref.No.OBJ/320121301124, dated 28.112024, ol the 2nd petitioner pending disposal of the main writ petition. Counsel for the Petitioners: SRI VENKATARAMANAIAH.K Counsel for the Respondent Nos.1 & 2: M/s. NVR RAJYA LAKSHMI FOR SRI GADI PRAVEEN KUMAR, Deputy Solicitor General of lndia Counsel for tfie Respondent No.3: .. The Court made the following: ORDER HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.8899 of 2025 ORDER: I{eard learned counsel for the petitioners and Ms.NVR Rajya Lakshmi, learned standing counsel appearing on behalf of iespondent Nos.1 and 2. With their consent, the rvrit petition is being taken up for disposal.

2. i'his writ petition is filed seeking the following prayer:- "to declsre.the action of tht Respondmt No.2 in not consideing the application gioen t'or issuance of tlu Passport to the Minor petitioners on the ground that consent of thc other parent or a C-ourt order for the same is required and letter ref No.OBl/320L21295p4, dt 28.11.2024 to t]rc 1st petitioner antl letter benring ref No.OBl/320121301p.4 dated 28.11.2024 to the 2ud Petitroner, us illegal, orbitrary, uiolation of Fundnrnental Rights such as Article 14, 19 and 21 of the Constitution of India apart fronL the law laid dorort by this Honble Court in W No.25962 of 2024 nnd consequently direct tlu Respondents No.7 and 2 to issue passport to the Minor Aoantikn Panei aged about 15 years and Ashuikn Panei aged about 17 years, t]rc Writ Petitioners hereh bearing Passport Application Number HY1077056158124 of the 1'r petitioner nnd Applicatiott No.HY1077056595124 of tle 2,d petitioner is tllegnl, arbitrary and aiolation prooisions of the Passport Act, 7967 ."

3. Brief facts in this writ petition are that petitioners are minors being represented by their mother i.e., Ms.Kamini Paneri. petitioners; parents got married on 02.12.2003 and due to some disputes with her husband, petitioners' mother under the provision of the Hindu Marriage Ac! 1955 had filed divorce application zrirle H.M.A.Case No.499 of 2019, before the Farnily Court at Delhi. Later, the said case was transferred from the Family Court at I Delhi to Family Court at Malkajgiri and renumbered as F.C.Op.No.g0g of 2023 and the same is still pending. i i I t ( ii2z:.

4. Learned counsel for the petitioners submits that after desertiorL petitioners arc staying with their mother and on expiry of petitioners passports' bearing Nos.U6087818 and U6090513, petitioners, aide applications dated 24.10.2024 applied for renewal of passports and the respondent No.2 issued objections ttifu reference Nos.OBJ/32012 lZgS/24 and OBJ/3201,27301 /24 dated 28.17.2024, stating rhat "as per the existing instructions and gtLidelines ftom the Ministry of External Affnirs, the passport applications o.f tlrc ninor child can be processed further on submission of one of the folloto ittg kuo re q ui ra nten t s : 'L) The consent of the other pnrent 2) Permission Jionr the Court to issue passport to the minor child uithout the consent of the olhcr parenl." Aggrieved by the same, this writ petition is filed.

5. Learnetl counsel for the petitioners submits that as per the guidelines issued in Columrr 16 of the Passport Rules 1980, the signatrire of petitioners, mother alone is sufficient for renewal of the passports and pray this Court to direct the the respondent authorities to consider the renewal applications d,ated 24.10.2024 and issue passport to the petitioners.

6. Learnerl stanrJing counsel appearing for respondent Nos.1 and 2 placed on record instructions issued by Deputy Passport Officer, Hyderabad, relevant portion is extracted hereunder:- "rtide a lettcr dated 26.03.2025, petitioners' mother toas adttised to furnish a copy "f dirtorce detee/Cturt order or diaorce peti_tion/appltcation nlong ruith specimen declaration along specimen declaration for consideration of the npplications. Reply ftoi her is yet azttaited." ::3:: 7. At this stage, learned counsel for the petitioners seeks pcrrnission of this Court to submit the clivorce petition/ application along with specimen declaration for consideration of the applications before the respondent authorities and further pray this Court to direct the resPondent authorities to considcr the same and issue passport to the petitioners

8. Recording the submission made by learned counsel appearing on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of with a liberty to the petitioners to submit a copy of divorce petition/ application along with specimen declaration for consideration of the applications as stated in the letter dated 26.03.2025, within a period of two (02) weeks from the date of receipt of copy of this order and thereafter, the respontlent authorities are rlirected to consirler the said documents for renewal of passport and dispose the same and pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably, within a period of two (02) weeks from the date of receipt of a copy of petitioners' explanations and communicate the same to petitioners.

9. Accordingly, the writ petition is disposed of. Miscellancous petitions. 1n in this writ petition shall stand closed. No costs. //TRUE COPY// SD/. M. OSMAN ALI BAIG SSISTANT REGISTRAR SECTION OFFICER ment of lndia at New Delhi.

1. The Secretary, Ministry of External Affairs, Gove 2 3 4 Union of lndia. The Regional passport Officer, Regional Passlort Office, situated at D.No. B- 2-215 to 219, Kummariguda, Secunderabad, Telangana. One CC to SRI VENKATARAMANAIAH.K, Advocate [OPUC] One CC to SRI GADI PRAVEEN KUMAR, Deputy Solicitor General of lndia Advocate [OPUC] Two CD Copies To 5 PSK, SS ?}(c.. I I i t HIGH COURT DATED:2310412025 ORDER WP.No.8899 of 2025 Y c i f4i c' 1)t 2 2 rilAY 2025 "1 i i e) t.q t'4TCll r-O DISPOSING OF THE WRIT PETITION WITHOUT COSTS Pnq )p\s \"{ I l I l I