IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 25273 of 2009(D) ---------------------------------- PETITIONER(S): ------------------------ SAMRA M.T., AGED 26 YEARS, D/O.KASIM PILAKKAVEETTIL KOTTILINGAL, PUTHUVAKKAL HOUSE, VYLATHUR P.O., VADAKKEKKAD. BY ADVS.MR.C.KHALID MR.N.GOPINATHA PANICKER MR.T.P.SAJID SMT.M.A.SULFIA MR.K.P.MOHAMED SHAFI SMT.NAMITHA JYOTHISH RESPONDENT(S): ------------------------- 1. REGIONAL PASSPORT OFFICER, ERNAKULAM. 2. UNION OF INDIA, REPRESENTED BY SOLICITOR GENERAL, HIGH COURT OF KERALA. BY MR.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(9C) NO.25273/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RELEVANT PAGES OF THE PASSPORT NO.F 7075527 DTD. 25.3.06 ISSUED BY REGIONAL PASSPORT OFFICER, ERNAKULAM. P2:- COPY OF THE TALAUE NAMA ACCEPTED BY THE PETITIONER. P3:- COPY OF THE CERTIFICATE OF DIVORCE ON 13.7.09 BEFORE VYLATHUR MUSLIM JUMA-ATH. P4;- COPY OF THE CERTIFICATE OF MARRIAGE NO.144/2009 ISSUED BY THE SECRETARY OF PANCHAYAT. P5:- COPY OF THE IDENTIFICATION CERTIFICATE ISSUED BY TALUK TAHSILDAR BEFORE THE REGIONAL PASSPORT OFFICER, COCHIN. P6:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER. RESPONDENT'S EXHIBITS R1:- COPY OF THE PASSPORT INFORMATION BOOKLET. R2:- COPY OF THE JUDGMENT DTD. 19.6.09 OF THIS HONOURABLE COURT IN WRIT PETITION (CIVIL) NO.16700/09. TRUE COPY P.S.TO JUDGE tss P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 25273 of 2009 - D ---------------------------------------- Dated 15th October, 2009 Judgment The petitioner was initially married to Sri.Sajid Bava. Thereafter, she applied for and obtained a passport describing her as the wife of Sri.Sajid Bava. Later, the marriage between the petitioner and Sri.Sajid Bava was dissolved by 'talaq'. A copy of the 'talaq nama' is produced as Ext.P2. The divorce was also recorded in the Register of Marriage and Divorce maintained by Vylathur Muslim Juma-ath. Ext.P3 is the copy of the divorce certificate issued by the Juma-ath committee. The petitioner thereafter married Sri. V.K.Salim on 4.6.2009. She thereafter applied for change of her name in the passport by submitting Ext.P6 application. The said application was returned by the Regional Passport Officer, Ernakulam with the endorsement that a joint affidavit signed by both parties duly notarised is required. The petitioner challenges the said endorsement. She contends that all that is required as per the Passport Information Booklet is an affidavit in Annexure 'E' W.P.(C) No.25273/2009 2 declaring that she has renounced and abandoned the use of the surname 'Sajid Bava'. 2. The fact that the petitioner is a divorcee is not in dispute. Her marriage to Sri.V.K.Salim is also not in dispute. Since Sri.Sajid Bava, her former husband has divorced the petitioner, the respondent cannot insist that the petitioner should file a joint affidavit sworn to by her and Sri.Sajid Bava. As per the Passport Information Booklet, all that is required is that the petitioner should, along with the marriage certificate, file an affidavit in the form prescribed in Annexure 'E'. I accordingly dispose of this writ petition with a direction to the first respondent to receive back the original of Ext.P6 application, if it is presented along with an affidavit in the form prescribed in Annexure 'E', process it and issue a passport if there is no impediment for issuing a passport. Needful in the matter shall be done within two months from the date on which the petitioner re-presents the original of Ext.P6 application in the manner indicated above. P.N.RAVINDRAN Judge vaa