Minor In Single Mother's Exclusive Custody Can Get Passport Without Father's Name: Rajasthan High Court
The Rajasthan High Court has held that passport authorities cannot insist a minor, who is in exclusive custody of divorced mother, to produce an undertaking of estranged father's name for renewal of passport, especially when no such document was sought at the time of issuing the passport.The bench of Justice Maneesh Sharma perused all the relevant statutory documents, to conclude that a...
The Rajasthan High Court has held that passport authorities cannot insist a minor, who is in exclusive custody of divorced mother, to produce an undertaking of estranged father's name for renewal of passport, especially when no such document was sought at the time of issuing the passport.
The bench of Justice Maneesh Sharma perused all the relevant statutory documents, to conclude that a single mother could apply for a minor's passport on which no name of the father had to be printed, where he had terminated the relationship with the mother.
“The respondents cannot now, at the stage of renewal, arbitrarily reverse this position and insist upon an undertaking, or inclusion of the father's name, by mechanically invoking the clarificatory notification dated 28.02.2023. Such rigid insistence not only disregards the statutory declaration made by the petitioner's mother in Annexure 'C', but also runs contrary to the flexible, fact-specific approach mandated by the Passport Rules and recognised by various High Courts.”
For context, the petitioners' parents got divorced in 2017, and in 2019, his mother applied for his passport under the single parent category, with only her own name mentioned, which was issued. Thereafter, in 2024, a renewal application was filed when the State directed furnishing an undertaking mentioning petitioner's father's name, as a condition for passport renewal.
This was challenged by way of present petition.
It was argued by the petitioner that the reasons recorded for withholding renewal of the passport were contrary to Section 6(2) of the Passport Act, 1967 as well as Clause 4 of Chapter 4 of the Passport Manual, 2020 and the FAQs issued thereunder.
The petitioner further stated that a notification titled “Simplification of Passport Rules” required an applicant to furnish only one parent's name, and since the passport was issued in 2019 without endorsement of father's name, withholding of its renewal for this requirement was arbitrary.
On the contrary, the State argued that as per the Passport Manual, and clarification dated February 2, 2023, by the Ministry of External Affairs, furnishing the names of both biological parents was mandatory where a minor was born, irrespective of subsequent decree of divorce. The only exception being where the father was unknown or had no contact since childbirth.
After hearing the contentions, the Court referred to all the relevant statutory documents, and opined that the petitioner was entitled to passport renewal without an undertaking from his father.
The Court opined that passport application could be made by a single parent on child's behalf, without there being a need to print other parent's name on it at the request of the applicant. This, together with the fact that the passport was issued in 2019, without father's name being printed, required renewal of the passport on same basis.
The Court further observed that the only requirement in case of a minor was that the parent having custody shall furnish other parent's name. It was stated that the petitioner's mother had already fulfilled this condition by furnishing both the divorce decree, as well as Annexure-C, along with the application.
Reference was made to a Delhi High Court case of Shalu Nigam & Anr. Vs. The Regional Passport Officer & Anr. in which it was held that mother's name was sufficient to apply for passport, especially since a single woman could be a natural guardian and also a parent.
The Court further observed,
“…In the present case, the legal union between the petitioner's parents stood dissolved…The petitioner's custody was permanently and voluntarily entrusted to the petitioner's mother vide decree dated 14.10.2017, circumstances indicating that the biological father has, in effect, relinquished his responsibilities towards the petitioner, who has, in fact, taken his mother's surname rather than his father's. A conjoint reading of Clauses 4.1, 4.3, and 4.5 of the Passport Manual, 2020, together with the clarificatory notification dated 28.02.2023, therefore renders the present case a fit one for the issuance of the petitioner's passport without the endorsement of the father's name.”
In this background, the order of the state was set aside, and the petition was allowed. The State was directed to process the petitioner's application for passport renewal without insisting on the undertaking as to the father's name.
Title: E v Union of India & Ors.
Citation: 2026 LiveLaw (Raj) 405