IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 WP(C).No. 16083 of 2009(E) -------------------------- PETITIONER: --------------- SMITHA,W/O.ASHRAF,CHITTATHU KATTIL HOUSE,ERAMAM KARA,MUPPATHADAM P.O., KADUNGALLOOR VILLAGE. BY ADV. SRI.P.K.ABOOBACKER(EDAPPALLY) RESPONDENTS: --------------- THE REGIONAL PASSPORT OFFICER,ERNAKULAM. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.16083 of 2009 -------------------------- Dated this the 26th June,2009 J U D G M E N T Petitioner was earlier married to one Afsal but later the parties were separated. According to the petitioner, Afsal has divorced the petitioner. Exhibit-P1 agreement was also executed by them. Later, the petitioner got married to one Ashraf S/o. Makkar, Mullumpuram, Puthupady P.O, Ernakulam district. Reference is made to Exhibit-P4 marriage certified issued by the Jama-ath. In the meanwhile, petitioner had been issued a passport wherein, her husband’s name is shown as Afsal. In change of circumstances, she has sought for correction of the name of her husband in the passport. According to the petitioner, she has filed Exhibit-P6 application in this regard before the respondent. This writ petition has been filed, contending that the petitioner has been required to produce a decree from a Civil Court evidencing a divorce in substantiation of her claim for correction of her W.P ( C) No.16083 of 2009 2 husband’s name in the passport. 2. I have considered a similar issue involving persons belonging to the Muslim community and the requirement as regards such persons, to obtain a decree from the Civil Court evidencing a divorce. I have referred to clause 7 of the Passport Information Booklet. Paragraphs 5 and 6 of the judgment in WPC No.33729/08 and connected case read as follows: “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). 6. Having heard Learned counsel for the petitioners and learned Government Pleader and the learned Assistant Solicitor General, I am of the view that, in these circumstances, the concerned Passport Officer may proceed to issue a passport, as sought for by the petitioners with the corrections as sought for by them, provided they comply with the procedural formalities stipulated in Ext.R1(a). This shall be done within a period of one month from the date of receipt of a copy of this judgment.” W.P ( C) No.16083 of 2009 3 3. Having heard the counsel on both sides, I am of the view that issue raised in this writ petition is covered by the judgment in WPC No.33729/08 of this Court. Accordingly, there will be a direction to the respondent to consider Exhibit-P6 application and proceed to issue a passport as sought for by the petitioner with correction provided she complies with the procedural formalities stipulated in the Passport Information Booklet. Further, the petitioner shall also swear an affidavit affirming the fact that marriage with Sri.Afsal has ended in a divorce and later she has married Sri.Ashraf. It is seen that Ashraf is working in a Gulf country. An affidavit by Sri.Ashraf, the husband of the petitioner sworn to before the concerned Embassy Officials shall also be produced before the respondent. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.16083 of 2009 4 W.P ( C) No.16083 of 2009 5