Production Of Divorce Decree Not Essential To Delete Former Spouse's Name From Passport: Kerala High Court
The Kerala High Court, in a recent decision, held that divorcees need not produce divorce decree or judicial separation order when they apply to change name or delete ex-spouse's name from their passports. [2026 LiveLaw (Ker) 471]Justice Murali Purushothaman observed that an office memorandum cannot mandate production of a divorce decree when Section IV of the Passport Information Booklet...
The Kerala High Court, in a recent decision, held that divorcees need not produce divorce decree or judicial separation order when they apply to change name or delete ex-spouse's name from their passports. [2026 LiveLaw (Ker) 471]
Justice Murali Purushothaman observed that an office memorandum cannot mandate production of a divorce decree when Section IV of the Passport Information Booklet under Schedule III to the Passports Rules, 1980 says this is not needed when divorcees apply for name change/deletion of spouse's name.
“divorcees applying for change of name or for deletion of spouse's name in existing passport are not required to produce court's order for judicial separation / decree of divorce. The Schedule to the Rules forms part of the Rules. The statute dispenses with the requirement of producing documentary proof of marriage or dissolution of marriage, including a decree of divorce, for change of name or deletion of the spouse's name in the passport… When the statute does not mandate the production of proof of dissolution of marriage for deletion of the spouse's name from the passport, such proof cannot be insisted upon through an office memorandum…,” the Court said.
The petitioner wanted to remove her former husband's name from the spouse column in her passport. They were married as per Muslim personal law and their marriage was dissolved by pronouncement of talaq as mutually agreed. Thereafter, she applied for re-issuance of passport with the spouse's name deleted but it was not entertained on the ground that divorce decree not produced. Aggrieved, she approached the High Court.
The petitioner contended that insistence on divorce decree is in violation of the Passport Rules. The DSGI appearing for the Union produced an office memorandum dated 06.09.2024, which mandate divorce order/decree for deletion of spouse name from passport.
The Court, after hearing to the parties, observed that pronouncement of 'talaq' is a valid mode of divorce as held in various precedents. It then referred to Section IV of the Passport Information Booklet under Schedule III to the Passports Rules, which says no proof of dissolution of marriage is needed for divorcees applying for name change or deletion of spouse's name.
The Court, thereafter, directed the Regional Passport Officer to consider the petitioner'e application without insisting on production of divorce decree and to pass orders within one month.
Case No: WP(C) No. 7305 of 2026
Case Title: X v. Union of India and Ors.
Citation: 2026 LiveLaw (Ker) 471
Counsel for the petitioner: M. Shaju Purushothaman, K.S. Rajesh
Counsel for the respondents: O.M. Shalina – Deputy Solicitor General of India