IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 WP(C).No. 20773 of 2010(V) -------------------------------- PETITIONER: --------------- # XXXX XXXX XXX BY ADV. MR.M.RAJAGOPALAN RESPONDENT(S): --------------- THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, KOCHI, ERNAKULAM, KERALA, INDIA. # ADDLR2: XX X X (IMPLEADED AS PER ORDER DT 6.7.2010 IN I.A.9113/10) # (The name and address of the petitioner and Additional Respondent 2, occurring in the cause title of the judgment dated 10/08/2010 in WP(C)No.20773 of 2010 is masked and substituted as 'X' as per the order dated 22/12/2022 in WP(C)12699 of 2021.) ADV. MR.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 MR.K.JAJU BABU FOR ADDL.R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.20773 OF 2010 -------------------------------- Dated this the 10 th day of August, 2010 J U D G M E N T The petitioner is a non-resident Indian, presently residing in Australia. Her husband was also working in Australia. They have a female child by name 'Vismaya' born on 6.1.2005 in Australia. That child is presently studying in Australia. On 23.3.2010, all three together came to India. At that time, the passport of all three were with the petitioner's husband. They allegedly visited the 'Guruvayoor' temple before proceeding to the petitioner's paternal home. The petitioner's husband handed over the passport of the petitioner to the petitioner and is stated to have told the petitioner that the passport of the daughter was lost, while they were at 'Guruvayoor'. Therefore, the petitioner obtained a duplicate passport for her daughter stating that the original was irretrievably lost and using that passport she and her child proceeded to return to Asutralia. But now Ext.P2 proceedings have been initiated against the petitioner for obtaining a duplicate passport while the original passport was W.P.(c)No.20773/10 2 with her husband. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “a) Call for the records leading up to Ext.P3 and issue of writ of certiorari or any other appropriate writ order or direction quashing Ext-P2 issued by the respondent. b) Issue a writ of mandamus or any other appropriate writ order or direction commanding the respondent to take a decision on Ext-P2 after considering Ext-P3 explanation and after affording an opportunity of personal hearing to the petitioner, as expeditiously as possible. c) Issue a writ of mandamus or any other appropriate writ order or direction commanding the respondent to finalize the proceedings as per Ext- P2, without insisting on the surrender of the passport of the petitioners minor child Vismaya Damodaran” 2. The additional respondent now submits that the passport of his daughter is with him. In the counter affidavit filed he disputes the averments in the writ petition that he told the petitioner that the passport of the child was lost at 'Guruvayoor'. He even disputes the averment that they went to 'Guruvayoor' at all. 3. I am not inclined to go into the disputed questions of fact. Admittedly, the original passport of the petitioner's child is with the additional second respondent. Apparently, the husband and wife have fallen apart. They have to settle their W.P.(c)No.20773/10 3 matrimonial disputes before the Family Court. For that, it is not necessary for the additional second respondent to retain the original passport of his daughter, since admittedly, at present the daughter is in the custody of the petitioner. 4. Accordingly, this writ petition is disposed of with the following directions: The additional second respondent shall surrender the passport of his daughter before the first respondent within two weeks from today. As soon as the petitioner comes back to India, she shall surrender the duplicate passport to the first respondent, who shall thereupon hand over the original passport without prejudice to the right of the first respondent to proceed in accordance with law against the petitioner for obtaining duplicate passport while original passport was still with her husband. This is without prejudice to the rights of the parties to seek remedies regarding their matrimonial disputes before the family court having jurisdiction. Sd/- S. SIRI JAGAN, JUDGE acd WP(C).No. 20773 of 2010 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF REPORT CARD OF THE PETITIONER'S DAUGHTER. EXT.P2: COPY OF NOTICE NO.12029/10 DT 11.6.2010 ISSUED BY THE RESPONDENT TO THE PETITIONER. EXT.P3: COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER TO EXT.P2 SHOW CAUSE NOTICE TO THE RESPONDENT. RESPONDENT'S EXHIBITS EXT.R2(a): COPY OF RELEVANT EXTRACT OF PASSPORT OF R2'S DAUGHTER VISMAYA. EXT.R2(b): COPY OF COMPLAINT GIVEN BY R2 TO R1. TRUE COPY sd/- PA TO JUDGE.