IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 W.P.(C).No. 521 of 2008(K) -------------------------------- PETITIONER: -------------- NISHA MAJEED, D/O. ABDUL MAJEED, PUTHIMANGALATHU PUTHEN VEEDU, KOTTARAVAVU, MAVELIKKARA, ALAPPUZHA DISTRICT. BY ADV. SRI.SANTHAN V.NAIR RESPONDENTS: ----------------- * UNION OF INDIA, REPRESENTED BY THE REGIONAL PASSPORT OFFICER, PASSPORT OFFICE, PANAMPILLY NAGAR, ERNAKULAM. * CORRECTED AS PER ORDER ON IA 980/08 AS FOLLOWS: 1) UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, NEW DELHI - 01. 2) THE PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, ERNAKULAM. BY ADV. SRI.P.PARAMESWARAN NAIR, AST. S.G THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = W.P.( C)No. 521 OF 2008 - K = = = = = = = = = = = = = Dated this the 24th day of January, 2008 J U D G M E N T The prayer in this writ petition is to direct the respondents to issue passport to Minnu Sadiq, the minor child of the petitioner on the basis of Ext. P5 application. Petitioner submits that she was married one Sadiq Shamsudeen Vettickal on 17.5.2000 and that in that wedlock a female child was born on 2.3.2001, named as Minnu Sadiq. It is stated that the petitioner was divorced from her husband and Ext. P1 is stated to be a letter she has received evidencing divorce by 'talaq '. Though at that time she was residing in Riyadh, Saudi Arabia, she was sent back to Kerala and she delivered the child in India and brought her up in her native place at Alappuzha. Subsequently, there have been legal proceedings between the parties and according to her all these have been settled and Ext. P3 agreement is produced to show such settlement. It is stated that the petitioner has Ext.P4 passport and she had given Ext. W.P.(C) No. 521 OF 2008 - 2 - P5 application to include the name of her child in the passport so that she could take her child to Sharja. However, an objection was raised by the Regional Passport Officer that for the issuance of a passport to the petitioner's child the signature of the father of the child has to be obtained. Thereupon, the petitioner filed Ext. P6 affidavit saying that she had divorced her husband and that she was looking after the child. Inspite of this, when passport has not been issued by including the name of the child, this writ petition has been filed by the petitioner. 2. The only objection that is raised when the writ petition was taken up for hearing was that for including the name of the child in the passport of the petitioner, the signature of the divorced husband is necessary. This contention, is not shown to be supported by any legal provision in the Passports Act or any notification issued thereunder. Even otherwise, it is a condition which is incapable of compliance at least in the facts of this case, where the parents of the child are divorced. If such a contention is imposed, the resultant position will be that it is impossible to include the name of the child in the passport with the result the W.P.(C) No. 521 OF 2008 - 3 - petitioner, the mother, will not be in a position to take the child along with her to the place of her employment. 3. I do not think that by taking such a technical approach a mother should be deprived of her right to have her child with her. In the result, I dispose of this writ petition directing that the 2nd respondent shall take up and consider Ext. P5 application made by the petitioner and pass appropriate orders thereon in the light of the observations made herein above. This shall be done as expeditiously as possible. ANTONY DOMINIC JUDGE jan/-