False Declaration On Custody Of Minor Child Not Acceptable In Passport Application: Karnataka High Court
The Karnataka High Court has said that when an application is made for issuance of a passport to a minor child by one spouse/parent, the declaration required to be made by the parents must be factually correct, and if it is stated that a decree of divorce has been passed with custody, then those documents must be enclosed along with the application.
A single Judge, Justice Suraj Govindaraj, observed this while allowing petitions filed by two minors through their mother seeking issuance of a fresh passport and renewal of an existing passport. The petitioners had approached the Court after their applications were not considered on the ground that, since they were minors, the required undertaking from both parents had not been enclosed.
During the hearing, Deputy Solicitor General Shanti Bhushan H. informed the Court that when an application is made by one parent for issuance of a passport, the applicant claiming to be the natural guardian must make a suitable declaration. If a divorce has been granted, the declaration must specify to whom custody has been awarded, and it is that person who can apply for the child's passport.
If divorce proceedings are pending and the marriage is still subsisting, the reasons for not enclosing the other spouse's consent must accompany the passport application.
However, in the present matter, the petitioner stated that a divorce had been granted and custody awarded to her, despite there being no such decree or custody order.
Countering this, the petitioner submitted that she was not educated and had mistakenly ticked the checkbox in the application. The Court held that this explanation could not be accepted in toto. However, taking into account the pending matrimonial dispute and noting that the husband was not insisting on action against the petitioner, the Court refrained from taking penal steps.
The Court recorded that the husband had now offered his no-objection for issuance of the passport, subject to compliance with visitation rights, and accordingly allowed the petitions.
The Court directed the respondents to process the applications for re-issuance of the passports and pass necessary orders within ten days of the petitioner-mother and respondent No.3-father filing the declaration in terms of Annexure-D, signed by both parents.
It added that in the event of any violation or non-compliance with the undertaking in Annexure-D, respondent No.2 may exercise its powers to cancel, impound or revoke the passport, based on the declaration/undertaking, and may also initiate criminal proceedings permissible under the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Passport Act, 1967.
Appearance: Advocate Nagaraj R for Petitioner.
CGC Aditya Singh for R1 & R2.
Advocate Amit Mandagi for Advocate Swathi Mandagi for R3
Citation No: 2025 LiveLaw (Kar) 415
Case Title: ABC AND Union of India & Others
Case No: WRIT PETITION NO. 23848 OF 2025 (GM-PASS) C/W WRIT PETITION NO. 23851 OF 2025