Important decision of Delhi High Court; Minors can get passport made even without father’s name
New Delhi. Delhi High Court has clarified in an important order that the passport of a minor child will not depend only on the name of the father. The court said that in special circumstances the child can get a passport made even without the father’s name. The court said in its decision that this system can apply equally to both mother and father. If it is clear that the child is completely under the custody of one parent, the name of the other parent will not be considered mandatory in the issuance of the passport.
During the hearing, the bench of Justice Purushendra Kumar Kaurav said that in special circumstances, the child’s passport can be issued even without the father’s name. This case was related to a five-year-old girl, on whose behalf her mother had filed a petition. The petition demanded that the girl’s passport be made without the father’s name, because the girl is living completely under the custody of her mother.
After the hearing, the court directed the regional passport officer to issue the girl’s passport without mentioning the father’s name. The Court also made it clear that in such cases, decisions should be taken keeping in mind the circumstances and rigid interpretation of the rules should be avoided. The bench observed during the hearing that there was a dispute between the girl’s parents and in the year 2021, when the girl was just four months old, both of them had decided to get divorced by mutual consent. Since then the girl is living with her mother.
The court also noted that the girl’s surname is registered in the school in the name of her mother and maternal grandparents. Also, in the divorce agreement the father did not assert any rights over the child nor did he express any desire to meet her in the future. Based on these facts, the bench said that in such cases it is not necessary to forcibly add the name of the father or mother to the child. The court held that the best interest of the child should be given priority. The court directed the regional passport officer to issue the girl’s passport without the father’s name.
If you ask for your rights from your father, your passport will be canceled
Ch clarified that if the child seeks any kind of legal rights from her father after attaining majority, the Regional Passport Officer will have the right to cancel the existing passport and direct the issuance of a new passport. The court said that in such a case the father’s name will be compulsorily included in the new passport. The bench also reiterated in its order that in the present situation the child is completely under the custody of the single parent (mother). Therefore, for now only mother’s name should be recorded in his passport.
The court found that the father’s attitude in this matter was very cold and indifferent. During the divorce, the father had signed the agreement agreeing that the minor daughter would stay with her mother. Despite this, his active participation was not seen in the girl’s life.
These documents are needed
To get a new passport in India, it is now mandatory to follow some important documents and rules. The government has laid down clear guidelines to make the process transparent and secure.
Required eligibility and documents
It is mandatory for a person applying for a passport to first be an Indian citizen. Apart from this, the following documents are required – Proof of age: Aadhar card, PAN card or mark sheet of a recognized board, Proof of address: Electricity bill, bank passbook or other valid address proof.
new rule for date of birth
According to the new rules applicable from October 1, 2023, it has now been made mandatory to provide birth certificate or school leaving certificate for proof of date of birth.
Police verification mandatory
Police verification is done before the passport is issued. In this, it is important for the applicant to have a clean record. In case of any criminal case, there may be difficulty in issuing passport.
Follow the LALLURAM.COM MP channel on WhatsApp
Comments are closed.