IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 16526 of 2009(I) --------------------------------------- PETITIONER(S): ------------------------ K.A. THANSI, D/O. ABDUL AZIS, AGED 31 YEARS, KAREDATH HOUSE, KANJIRAMATTOM.P.O, ERNAKULAM DISTRICT. BY ADV. DR.SEBASTIAN CHAMPAPPILLY MR.M.P.RAJU SMT.ANNIE GEORGE MR.T.C.DIPIN RESPONDENT(S): -------------------------- REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, COCHIN - 682 036. BY MR.P.PARAAAMESWARAN NAIR, ASST. SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16526/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE AGREEMENT DTD. 13.4.07 EXECUTED BY THE PETITIONER AND MR.MOHAMMED SALIM. P2:- COPY OF THE CERTIFICATE OF MARRIAGE ISSUED FROM THE KANJIRAMATTOM MUSLIM JAMA-ATH REGISTER OF MARRIAGE DTD. 2.1.09. P3:- COPY OF THE PASSPORT (PASSPORT BNO.G 0982682) OF THE PETITIONER DTD. 20.2.07. P4:- COPY OF THE CERTIFICATE OF MARRIAGE TD. 15.1.09. P5:- COPY OF THE APPLICATION FOR FRESH PASSPORT. P6:- COPY OF THE COVER PAGE OF THE APPLICATION WITH ENDORSEMENT. P7:- COPY OF THE INSTRUCTIONS ATTACHED TO THE PASSPORT APPLICATION FORM. P8:- COPY OF THE JUDGMENT DTD. 17.7.08 IN WPC. 19112 / 08 OF THE HONOURABLE HIGH COURT OF KERALA. TRUE COPY P.A. TO JUDGE tss V.GIRI,J. ------------------------- W.P ( C) No. 16526 of 2009 -------------------------- Dated this the 7th August,2009 J U D G M E N T Issue raised by the petitioner is covered by the directions issued in Shemi P.Ali. Vs. State of Kerala [2009 (3) KLT 167]. The directions issued in paragraph 5 of the judgment reads as follows: “5. Authentication of divorce by competent court is one of the methods of proving a divorce or even the existence of a remarriage. But it is not the only method. Divorce resultant upon a 'talaq' pronounced by her husband is a mode of divorce that is accepted in the Muslim community. An affirmation of the state of affairs by a sworn affidavit in the form “Annexure A' would suffice going by Cl.17 of Ext. R1 (a). It is affirmed that State Government does not propose to make any addition to what is already mentioned as due procedure under Ext. R1 (a).” 2. Accordingly, this writ petition is disposed of directing the respondent to deal with the petitioner's application for change of name on remarriage, in accordance with the procedure prescribed in the Passport Information Booklet, as indicated in the judgment in W.P ( C) No. 16526 of 2009 2 Shemi P.Ali. Vs. State of Kerala [2009 (3) KLT 167]. Needful shall be done within one month from the date of receipt of a copy of this judgment. (V.GIRI,JUDGE) ma W.P ( C) No. 16526 of 2009 3 W.P ( C) No. 16526 of 2009 4