IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 26541 of 2011(P) ----------------------------------- PETITIONER: --------------- ASNA, AGED 22 YEARS, D/O.MUHAMMED ASHRAF, CHULLIYIL HOUSE, MUTHUVAMMAL, KOCHANNUR P.O., THRISSUR DISTRICT. BY ADV. SRI.LOWEL CHERIAN RESPONDENT: -------------------- REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, KOCHI-682 035. ADV. SRI.P.PARAMESWARAN NAIR, ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26541 of 2011(P) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE PASSPORT OF THE PETITIONER. EXT.P2 : TRUE COPY OF THE TALAQ THAT WAS PRONOUNCED BY THE FORMER HUSBAND OF THE PETITIONER YOUSAFALI IN THE PRESENCE OF TWO MALE WITMESSES. EXT.P3 : TRUE COPY OF THE CERTIFICATE ISSUED BY THE JAMA-ATH. EXT.P4 : TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONER BEFORE THE RESPONDENT. RESPONDENTS EXHIBITS:NIL /TRUE COPY/ P.A. TO JUDGE ANTONY DOMINIC, J ....................................................... W.P.(C).26541/2011 .............................................. Dated this the 10th day of October, 2011 JUDGMENT Petitioner was married to one Muslimveetil Cheenapully Yusafali. It is stated that her husband pronounced Talaq on the petitioner on 4.11.2010, as evidenced by Exts.P2 and P3. There upon, the petitioner wanted to get her husband's name deleted and surname altered in the passport bearing No.H 1147880, issued by the respondent. For that purpose, she also submitted Ext.P4 affidavit. However, her request was declined to be entertained by the respondent on the ground that the request should be supported a Court order. It is there upon the writ petition is filed, with the following prayers:- (i).Issue a writ of mandamus or any appropriate writ order or direction commanding the respondent to entertain the application for correction in the surname of the petitioner and for deletion of the name of the former husband of the petitioner in the column for spouses in Ext.P1, without insisting on the petitioner obtaining orders from the competent court. W.P.(C).26541/11 2 (ii). Issue a writ of mandamus or any other writ, order or direction commanding the respondent to accept Ext.P4 affidavit filed by the petitioner as sufficient compliance of clause 7 for effecting the change of surname of the petitioner and for deleting the name of the former husband of the petitioner in the relevant column in Ext.P1. (iii). Declare that in cases of Talaq pronounced by a Muslim man on a Muslim woman, it is not necessary for the woman to obtain an order from a competent court for effecting changes in her surname and in the name of her spouse, consequent to the Talaq. 2. Heard the learned counsel appearing for the petitioner and also the learned Standing Counsel appearing for the respondent. 3. In my view, the issue raised by the petitioner is fully covered in favour of the petitioner, as per the judgment of this Court in Shemi P.Ali v. State of Kerala (2009 (3) KLT 167). 4. In the above view of the matter, the writ petition will stand disposed of directing that the respondent shall accept Ext.P4 affidavit and consider the request of the petitioner and pass W.P.(C).26541/11 3 orders thereon, without insisting on the production of any Court order. ANTONY DOMINIC, Judge mrcs