IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 26962 of 2011(U) ---------------------------------------- PETITIONER(S): ------------------------ SHARMIYA, D/O.SHARAFUDEEN, AGED 36, KIZHAKKEBHAGOM HOUSE, HOUSE NO.564, 12/508, EDAVA P.O., VARKALA, TRIVANDRUM. BY ADV. SRI.PATHIRIPALLY S.KRISHNAKUMARI, SRI.SABU S.KALLARAMOOLA. RESPONDENT(S): ------------------------ 1. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI-110 001. 2. THE REGIONAL PASSPORT OFFICER, PASSPORT OFFICE, TRIVANDRUM- 695 001. BY ADV. MR.P. PARAMESWARAN NAIR, ASST. S.G. OF INDIA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 26962 of 2011(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RELEVANT PORTION OF THE PASSPORT OF THE PETITIONER. EXT.P2: COPY OF THE APPLICATION FOR PASSPORT OF MINOR CHILD, MOHAMMED MISHARAF, ALONG WITH ANNEXURE 'H' FORM AND AFFIDAVIT OF THE PETITIONER. EXT.P3: COPY OF THE LETTER DATED 27/09/2011 ISSUED FROM EDAVA SPECIAL GRADE GRAMA PANCHAYATH OFFICE. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs ANTONY DOMINIC, J ....................................................... W.P.(C).26962/2011 .............................................. Dated this the 12th day of October, 2011 JUDGMENT Petitioner is married to one Sunil and in that wedlock, a male child by name 'Mohammed Misharaf' was born on 12.10.1999. According to the petitioner, her husband deserted her and the child and seeking employment, she is planning to go abroad. For that purpose, she also wanted a passport for her minor son and submitted an application, a copy of which is produced as Ext.P2. The said application was returned by the second respondent with an endorsement “Court order not furnished”. It was there upon that this writ petition has been filed contending that her being a single parent, even without a Court order she is entitled to get a passport for the minor child. 2. However, the learned Standing Counsel appearing for the respondents has brought to my notice the following provision of the Passport Manual, 2010, which reads as under :- “In case divorce action is still pending before the Court, the PTA must insist on sanction of W.P.(C).26962/11 2 both the parents. Alternatively, the applicant parent who furnished or permission from the Court for applying for passport for the child without sanction of the other parent of the child.” 3. Petitioner admits that divorce proceedings are pending. If that be so, necessarily the aforesaid provision of the Passport Manual should be complied with. In that view of the matter, the writ petition is disposed of leaving it open to the petitioner to seek orders from the Court which ceased of the divorce proceedings and on that basis, make an application which will be dealt with, in accordance with law. ANTONY DOMINIC, Judge mrcs