IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 21762 of 2010(U) -------------------------- PETITIONER(S): --------------- SHAJITHA, AGED 29 YEARS, D/O.ABDUL MAJEED MUHAMMADKUNJU, KAVARATTUTHEKKATHIL HOUSE, PATHIYOOR, KEERICKAD P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.NOUSHAD THOTTATHIL RESPONDENT(S): --------------- 1. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PANAMBILLY NAGAR P.O., COCHIN, ERNAKULAM -20. 2. UNION OF INDIA REPRESENTED BY THE PRINCIPAL SECRETAYR, MINISTRY OF EXTERNAL AFFAIRS, NOW DELHI-1. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 21762 of 2010 ================== Dated this the 21st day of July, 2010 J U D G M E N T The petitioner is the holder of passport bearing No.G 0858110 issued by the Regional Passport Officer, Kochi. At the time of obtaining passport, the petitioner was married to one Mr.Ansari. Hence the name of the petitioner is shown in her passport as “Shajitha Ansari”. Subsequently, the said Ansari divorced the petitioner by pronouncing Talak and then she married one Mr.Shajeed Abdul Aziz. The second marriage was duly registered in the Pathiyoor Grama Panchayat in accordance with the Kerala Registration of Marriages (Common) Rules, 2008. In view of the divorce and subsequent marriage, the petitioner wanted appropriate changes in her name in the passport, for which she applied. Since no favourable orders have been passed, the petitioner has filed this writ petition. 2. I have heard the learned Assistant Solicitor General also, who submits that if the petitioner's former husband files a sworn affidavit, the same would be duly considered. 3. I do not think that the Passport Officer can take such a stand, putting the petitioner to the mercy of her former husband. If the contention of the Passport Officer is accepted, then if the former husband does not oblige the petitioner, which is a distinct possibility, w.p.c.21762/10 2 the petitioner can never get the passport corrected appropriately. In the above circumstances, I am of opinion that the Passport Officer should consider the petitioner's application on the petitioner filing an affidavit producing documents in support of her divorce and remarriage. Accordingly, this writ petition is disposed of with the following directions: If the petitioner files an sworn affidavit, producing along with it evidence regarding divorce of her marriage with Mr.Ansari and remarriage with Mr.Shajeed Abdul Aziz, the Passport Officer shall consider the petitioner's application for correction of her spouse's name in the passport and other details thereof earlier entered based on the former marriage and pass just and proper orders thereon, as expeditiously as possible, at any rate, within two weeks from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge