High Court · 2025

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 respondent. No. 2 to issue passport to minor child by considering the Passport Application Form, Dated- 0410912024, Receipt of Passport Office, Hyderabad, Dated- 04/09/2024 and Applicant Guardian Specimen Declaration Application, Dated- 0410912024, pending disposal of the writ petition. Counsel for the Petitioner: SRl. CHALAKANI VENKAT YADAV Counsel forthe Respondent Nos.1&2: GADI PRAVEEN KUMAR Dy. SOLICITOR GEN. OF INDIA Counsel forthe Respondent NO.3: SRI V. SUBBA RAO WRIT PETITION NO: 30778 OF 2024 Between: Advitha Badri, D/o Vijay Kumar Badri, Aged about 8 years, DOB. 27-08-2016, Occ. Student, Being a [Minor represented by her natural mother/guardian Smt. Sruthi Kanuganti, aged 34 years, R/o. H. No. 2-5-13011B, Kurmawada, Jangaon Town and District. ...PETITIONER AND 1 2 3 The Union of lndia, Ministry of External Affairs, Rep by its Secretary, South Block, Secretariat Building, Raisina Hill, New Delhi, Delhi. The Regional Pass port officer, Regional Passport office Hyderabad, kummariguda, Secunderabad. Bhadri Vijay Kumar, S/o. Late Anjaiah, Age about 38 years, Occ. Software Professional, Fl/o. H.No. 8-3-172lRN/60, Raghavendra Nagar Colony, Kharmanghat, Saroornagar Mandal, Ranga Reddy Diskict. (Respondent No. 3 is impleaded as per C.O.dt. 06.01 .2025 in lA No. 212024.) ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of the Writ of Mandamus, declaring the condition. No. 1 i. e., While issuing the passport to minor child both parents consent is necessary, mentioned in the respondent's Letter. No. No. OBJ/31590799112024, Daled. 17-09-2024 as illegal, arbitrary, against the principles of natural justice, in violation of Article 14 and 21 o! Constitution of lndia and in contrary to the Passport Act, 1967. Consequenfly to direct the respondent No. 2, to issue passport to minor child by considering the Passport Application Form, Dated. 04-09-2024 and Applicant Guardian Specimen Declaration, Dated. 04-09-2024 lA NO: 1 OF 2024 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 respondent. No. 2, to issue passport to minor child by considering the Passport Application Form, Dated.04-09-2024 and Applicant Guardian Specimen Declaration, Dated. 04-09-2024, pending disposat of the writ petition. Counsel for the Petitioner: SRl. CHALAKANI VENKAT YADAV Counsel for the Respondent Nos.1&2: cADl PRAVEEN KUMAR Dy. SOL|CITOR GEN. OF INDIA Counsel forthe Respondent No.3: SRI V. SUBBA RAO The Court made the following: COMMON ORDER HON'BLE SRI .IUSTICE .I. SREENIVAS RAO WRIT PETITION Nos.30770 and 30778 of 2O24 COMMON ORDER: These rvrit petitions are filed seeking to issue direction to respondent No.2 to issue passports to the petitioners by considering the passport applications dated 04.09.2024 and appIicant guardian specimen declaration d,atcd 04.09.2024. 2- Since tl're issue raised in both the writ petitions is one and the same, they are beir.rg disposed of by rvay of this comtnon order.

3. I{eard Sri Chalakani Venkat Yadav. learned counsel for tl-re petitioners, learned Sri G-Praveen Kurnar, learned Deputy Solicitor General of tndia, fbr respondent Nos.l and 2 and Sri V.Subba Rao, learned counscl fbr respondent No.3.

4. With the consent of learned counsel lor the parties, the writ petition is being disposed of at the stage of adrnission.

5. Petitioners are minor children of Srnt.Sruthi Kanuganti and Mr.Bhadri Vijay Kumar, respondent No.3. The minor chi l,rlren were selected for dance program at Soma Hal[, 2 Wisma, Tunsambanthan, Kuala Lumpur, Malaysia from their Dance Academy i.e., Mythreya Kuchipudi Kalakshetram, Jangaon Town and District and for the above said purpose, they submitted passport applications to respondent No.2 on

04.09.2024 with support of their mother, to travel from Hyderabad to Malayisa. Pursuant to the same, respondent No.2 issued intimation lettcr dated 17.09.2024, stating that consent of father i.e., respondent No.3 is required to issue passports, due to pcndency of the cases between Smt.Sruthi Kanuganti and Mr.Bhadri Vijay Kumar, respondent No.3 in M.C.No.l8 of 2021 . D.V.C.No.l0 of 2O2l and Dowry Harassment Case vide C.C.No.478 of 2021 on the file of Junior Civil Judge at Jangaon and H.M.O-P.No.l08 of 2023 on the file of Senior Civil Judge at Jangaon and Child Custody Case vide G.W.O.P-NoJ of 2022 on the file of District and Sessions Judge, Jangaon and the same was dismissed on 3 I .07.2023, but all other cases are pending' Though respondent No.i is not giving consent, respondent No.2 ought to have issued passports in f'avour of petitioners,' Learned counsel funher sr-rbrnits that the issue raised in these .) writ petitions is squarely covered by the order passed by this Court in W.P.No.31096 of 2022, dated 13.10.2022.

6. Learned counseI appearing for respondent No.3 submits that the petitioners ought to have obtained permission irom the Junior Civil Judge and Senior Civil Judge Jangaon, where the cases are pending.

7. By way of reply, learned counsel for thc petilioners submit that obtaining perrnission from the competent Clo.-lrt is not required on the ground that the petitioners are mlnors and especialll thcy want to travel from India to Malaysia for the purpose o1' dar-rce program and they are residing ln Jangaon Town only.

8. Having considered the rival submissions rnade by the respectivc parties and after perusal of the rnaterial available on record, it reveals that the petitioners, who are children of Smt.Sruthi Kanuganti and Mr.Bhadri V,juy Kumar, respondent No.3, subrnitted passpoft applications belore respondent No.? on 04.09.2024, requesting to issue passports for the purpose of travelling from India to Malaysia to attend dance prograrn. [t also reveals that thc petitioners are the \.- 1 students of Mythreya Kuchipudi Kalakshetram, Jangaorr - Town and District. In view of pendency of cases between their parents namely Smt.Sruthi Kanuganti and Mr.Bhadri Vijay Kumar, respondent No.f , respondent No.3 is not coming forward to give consent.

9. It is also relevant to rncntior-r that tl-ris Court while disposing of W.P.No.31096 ol 2022, dated 13.10.2022, relied upon the follorving judgments: "ln Juvairiya v. Rcgional Passport Officerr l{igh (loun of Kerela considcrcd the issuance of Passport on consent not being obtained from the other parent and held that if the affidavit as required under the Passport Rules, 1980 is submittcd. thcrr rrcccssarill Passport olficer would have to issue Passport in thc nanre olthc nrinor child. Relying on thc said principle Iligh court of Kercla in Rabeeha v. Ministry of External aftairs, Regional Passport Officcrr reitcrated the said principle. In anollrer judgmcnt in Chaitnla S.Nair r'. Union of Indiar. Iligh Court of Kerela reiterated the said principle."

10. Taking inlo consideration of the facts and circumstances of the case and submissions made by the respective parties and order passed by this Court in W.P.No.31096 of 2022, dated 19.10.2022, thc impugned proceedings dated 17.09.2024 are illegal and also contrary to the (2tlll) I (K)Al.I 1990 (2015 ) lansun (i.) 722 wP(c)No.22i5j of20lt dalcd olt 0-l l0t: 5 Passport Rules and the principle laid down by High Couft of Kerala in the albresaid judgments. Therefore, the same are set aside. The 2"d respondent is directed to consider the applications submitted by the petitioners dated 04.09.2024 and issue Passports to the petitioners. I l. Accordingly, both the writ petitions are disposed ot. No CoStS. As a sequel, miscellaneous petitions, if any, pending in thc rvrit petitions shall stand closed. //TRUE COPY// SD/. T.TIRUMALA DEVI REGISTRAR ASSI CTION OFFICER To,

1. The Secretary, Union of lndia' Ministry-of..Extemal Affairs, South Block, Secretariat BuitOing, Raisina Hill, New Delhi' Delhi'

2. The Regional Pass port officer, Regional Passport office Hyderabad, kummariguda, Secunderabad.

3. One CC to SRl. CHALAKANI VENKAT YADAV Advocate IOPUC] 4. One CC to SRI V SUBBA RAO Advocate [OPUC] 5. One CC to SRl. GADI PRAVEEN KUMAR Dv. SOLICITOR GEN OF INDIA loPUCl

6. Two CD Copies KKS BSR HIGH COURT DATED:1710212025 COMMON ORDER WP.Nos.30770 and 30778 ot 2024 CC TODAY ( e o HF. S TA 14, 1 1 s FrB 2[25 a i o ,f ';n1;r; r\ DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS t