IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 16700 of 2009(F) -------------------------- PETITIONER(S): --------------- KANJIRATHINGAL ABDUL KHADER NISSAR, S/O.ABDUL KHADER, AGED 28 YEARS, RESIDING AT KANJIRATHINGAL HOUSE, THAIKKATTUKARA P.O., KUNNATHERY DESOM, ALUVA WEST VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): --------------- THE PASSPORT OFFICER, PASSPORT OFFICE, KOCHI. BY SRI.P.PARAMESWARAN NAIR - ASG I THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.16700 of 2009 ---------------------------------------- Dated this the 19th day of June, 2009. JUDGMENT Petitioner is the holder of an Indian Passport, which is valid upto 11.10.2009. The petitioner had earlier married a lady by name Safia as per the religious rites and rituals applicable to the Muslim Community. Dispute arose between the spouses. Later, the petitioner divorced his wife by saying 'Talaq' on 19.3.2009 as evidenced by Ext.P1. The Jama ath Committee of the Juma Masjid, Kunnatheri, Thayikkattukara issued a certificate on 31.5.2009 verifying this fact. Ext.P3 agreement was also executed between the petitioner and his wife. The petitioner has sought for deletion of the name of his wife from the passport. He submitted Ext.P5 application in this regard. This writ petition has been filed expressing an apprehension that the respondents may insist on a formal decree of divorce before dealing with the application correction as W.P.(C).No.16700 of 2009 :: 2 :: sought for by the petitioner. The issue whether a decree of divorce is necessary in cases dealing with an application for correction of passport submitted by the persons belonging to Muslim Community has been considered by me in detail in W.P.(C) No.34730/08. It has been held as follows in paragraph 5 of the said judgment: “5. Authentication of divorce by competent court is one of the methods of proving a divorce or even the existence of a re-marriage. But it is not the only method. Divorce resultant upon a 'talak' 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 Clause 7 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).” The facts of the present case are similar to those considered in the aforementioned judgment. W.P.(C).No.16700 of 2009 :: 3 :: 3. Heard learned counsel representing the Assistant Solicitor General also. In these circumstances, the writ petition is disposed of directing the 1st respondent to deal with Ext.P5 application, in the manner provided in the Passport Information Booklet. The petitioner and his former wife referred to in Ext.P3 shall file sworn affidavit. Thereupon, the application shall be dealt with on merits by the 1st respondent. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge