IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 33009 of 2011(A) --------------------------------------- PETITIONER(S): ---------------------- 1. RANJINI RAJAN, AGED 33 YEARS, D/O. RAJAN P. JACOB, PAINADATH HOUSE, NEAR MARTHOMA CHURCH, NORTH PARUR, ERNAKULAM. 2. RAJAN P. JACOB, AGED 61 YEARS, S/O. JACOB, PAINADATH HOUSE, NEAR MARTHOMA CHURCH, NORTH PARUR, ERNAKULAM. BY ADV. SRI.ALIAS M.CHERIAN RESPONDENT(S): ------------------------- REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, ERNAKULAM, PIN - 682 036. BY ADV.SRI.P.PARAMESWARAN NAIR, ASG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DG WP(C).No. 33009 of 2011(A) APPENDIX PETITIONER(S) EXHIBITS: EXT.P1 : COPY OF THE JUDGMENT DATED 10/07/2007 IN O.P NO. 863 OF 2007 BY THE HONOURABLE FAMILY COURT, ERNAKULAM. EXT.P2 : COPY OF THE PASSPORT NO. G 1060459 EXT.P3 : COPY OF THE APPLICATION DATED 24/11/2011 ALONG WITH THE ACCOMPANYING DOCUMENTS EXT.P4 : COPY OF THE ORDER DATED 24/11/2011 EXT.P5 : COPY OF THE AGREEMENT DATED 25/06/2007 RESPONDENTS' EXHIBITS - NIL /TRUE COPY/ P.A.TO JUDGE DG ANTONY DOMINIC, J. --------------------------------------- W.P.(C) No. 33009 of 2011 ---------------------------------------- Dated this the 14th day of December, 2011 JUDGMENT First petitioner is a divorced women employed in Kuwait. She was married to one Aby Abraham and Ext.P1 is the order of Family Court, Ernakulam granting divorce. 2. 1st petitioner has a female child by name Emily Aby who is now 5 years old and Ext.P2 is her passport. The period of passport is to expire on 23.1.2012 and therefore Ext.P3 application was filed by the 1st petitioner to renew the passport. That application was refused to be entertained, by the 1st respondent, who made an endorsement on Ext.P3 to the effect “call for Court order regarding custody of child”. It is aggrieved by the rejection of Ext. P3 application the writ petition has been filed seeking appropriate directions. 3. Contentions raised by the 1st petitioner is that she being natural guardian of the minor child and being a single parent, there is no provision in Passports Act, Rules or Manual requiring W.P.C. No. 33009 OF 2011 -2- the production of Court order for obtaining the renewal of passport of the child. 4. Passport Rules 1980 have been framed under Section 24 of the Passport Act, 1964. In Section III, contains the guidelines on filling up the application form for passport. It inter alia provides that, ordinarily consent of both parents is required for issuing of passport to a minor child and that if it is absolutely not possible for any reason, the applicant applying for passport may submit an affidavit in the prescribed form and that thereupon passport may be issued. The rules further provides that in so far as single parent applications are concerned, such application are to be accompanied by an affidavit as per Annexure C and according to the petitioner, such an affidavit has already been filed. Further, despite having gone through the Rules, I have not come across any provision requiring the production of a Court order. In such circumstances, I see no reason why application of the petitioner should not have been entertained W.P.C. No. 33009 OF 2011 -3- and therefore, I dispose of the writ petition, directing that it will be open to the petitioner to submit the application along with a copy of this judgment, in which event, the respondent shall accept and consider the same in accordance with law. ANTONY DOMINIC, JUDGE. Kp/-