IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 15TH JULY 2010 / 24TH ASHADHA 1932 WP(C).No. 17228 of 2010(C) ----------------------------------------- PETITIONER(S): ------------------------- MRS.SUGANDHA PARAKKANDI,D/O.VIJAYAN, AGED 41 YEARS,RESIDING AT 'RAHUL VIHAR', AMBIKA ROAD,POST PALLIKUNNU,KANNUR-670 004. BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENT(S): ---------------------------- 1. UNION OF INDIA,REPRESENTED BY ITS SECRETARY,MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI. 2. THE PASSPORT OFFICER,PASSPORT OFFICE, BYE PASS ROAD,ERANHIPALAM.P.O,KOZHIKODE. 3. D.K.MOHANAN,PUSHPA NIVAS,KANNOTHUMCHAL, POST CHOVVA, KANNUR. R1 & R2 BY ADV. SRI. T.P.M.IBRAHIM KHAN, ASST.S.G. OF INDIA R3 BY ADVS. SRI.V.R.KESAVA KAIMAL, SRI.N.M.MADHU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17228/2010 C APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PETITION FILED BY THE PETITIONER IN O.P.NO.924/2008 PENDING BEFORE THE FAMILY COURT, KANNUR. P2: COPY OF THE COMPLAINT FILED BY THE PETITIONER IN MC.NO.79/2009 BEFORE THE JFCM I, KANNUR. P3: COPY OF THE ORDER OF THE FAMILY COURT, KANNUR IN M.C.NO.418/2008 DTD. 27/12/2008. P4: COPY OF THE PETITION FILED BY THE PETITIONER IN O.P.NO.641/2009 BEFORE THE FAMILY COURT, KANNUR. P5: COPY OF THE COMMUNICATION DTD. 25/05/2010 ISSUED BY THE ZONAL HEAD, MET LIFE INDIA INSURANCE COMPANY LIMITED. P6: COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DTD. 01/04/2010 AND RECEIVED ON 21/05/2010. P7: COPY OF THE COMMUNICATION DTD. 15/06/2010 ISSUED BY THE ZONAL HEAD, MET LIFE INDIA INSURANCE COMPANY LIMITED. P8: COPY OF THE GIFT CERTIFICATE ISSUED BY TRAVEL PORT HOLIDAYS INDIA PRIVATE LIMITED FOR MET LIFE IN FAVOUR OF THE PETITIONER. RESPONDENT'S EXHIBITS: R1(A): COPY OF THE LETTER DTD. 4/03/2009 ISSUED THE HUSBAND OF THE PETITIONER BEFORE THE RESPONDENTS. R1(B): COPY OF THE REPORT RECEIVED FROM THE SUPERINTENDENT OF POLICE, KANNUR. /TRUE COPY/ P.S. TO JUDGE Kss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 17228 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 15th day of July, 2010. J U D G M E N T The petitioner is the wife of the 3rd respondent. They are not on good terms. A case is pending before the Family Court for divorce. There was a case before the Judicial First Class Magistrate's Court, Kannur in respect of domestic violence. Apart from that, a petition for maintenance is also pending. The petitioner is working with an Insurance Company as Sales Manager. The Company wants to send the petitioner abroad for the purpose of the business of the Company. The petitioner had a passport which was lost. The petitioner applied for a duplicate passport. In the meanwhile, the 3rd respondent- husband filed a criminal complaint before the Judicial First Class Magistrate's Court, Kannur alleging cheating. Under the above circumstances, the petitioner is not being issued with a passport, is the grievance of the petitioner. The petitioner therefore seeks the following reliefs: “a) Issue a writ of certiorari or such other appropriate writ, order or direction calling for the originals of Ext.P6 communication dated 1-4-2010 and received on 21-5-2010 and quash the same in the interest of justice. b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to reopen file No. KOZD 00155109 belonging to the petitioner and conduct such enquiry as he deems fit and issue a passport to the petitioner ignoring the Criminal case No. C.C 14/2010 before the Judicial First Class Magistrate Court, Kannur filed by the 3rd respondent against the petitioner under Section 420 of IPC in the interest of justice.” 2. On 23-6-2010, I passed the following interim order: “There will be an interim direction to the second respondent to issue a temporary passport to the petitioner having validity period from 1-7-2010 to 31-7-2010 within one week.” W.P.C. No. 17228/2010. -: 2 :- Pursuant to the same, the petitioner has been provided with a provisional passport. But, the petitioner submits that the petitioner could not obtain necessary Visa since the passport is not valid for one year and therefore it is necessary to extend the period of the provisional passport at least for a year. Having heard all parties, I dispose of this writ petition with a direction to the 2nd respondent to extend the period of the provisional passport issued to the petitioner till 30-6-2011. The petitioner shall surrender the provisional passport so issued before the 2nd respondent on 1-7-2011. Sd/- S. Siri Jagan, Judge. Tds/