Single Mother Can Apply For Child's Passport Without Father's Consent If Prescribed Declarations Are Filed: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that a single mother is entitled to apply for a passport for her minor child without the consent or signature of the father, provided the prescribed declarations under the Passport Rules are furnished.Under the Passport Rules, 1980, particularly Column 16 of the Guidelines for filling up passport application forms and Clause 4.8 of the Passport Manual/Guidelines, a single parent may apply for a minor child's passport without the other parent's consent by furnishing the prescribed affidavit/declarations.Justice Battu Devanand directed the processing of a minor's passport application filed by a single mother while observing that:“Having considered the facts and circumstances of the case, it appears that the issue involved in this writ petition is no longer res integra. Various High Courts have considered this issue and rendered reasoned judgments wherein it is held that a single parent is entitled to apply for a passport for his/ her minor child without the consent or signature of the other parent, subject to furnishing of the prescribed annexures.Having considered the facts and circumstances of the case and in the light of the decisions of the various High Courts stated supra and taking into the fact that the petitioner has already submitted declaration in annexure-C and D along with the application, in the considered opinion of this Court, being the petitioner is a single parent, she is entitled to make application for passport of her minor child without the consent or signature of her husband.Accordingly, this writ petition is allowed directing the Respondent No.2 to consider the application submitted by the petitioner for issuing passport to her minor child, within a period of 02 (two) weeks from the date of receipt of a copy of this order”The writ petition was filed by a woman residing separately from her husband since 2022 owing to matrimonial disputes. She had applied for a passport for her minor daughter without the father's signature, submitting declarations in Annexures C and D explaining the absence of the other parent's consent.According to the petitioner, passport authorities orally insisted on production of divorce or judicial separation proceedings or court orders before processing the application, despite her having disclosed that she was a single parent and had already initiated criminal proceedings against her husband.The Regional Passport Officer contended that a minor's passport ordinarily requires both parents' consent and, where consent is unavailable, the applicant must furnish Annexure-C with supporting documents relating to divorce, judicial separation or custody proceedings and absence of any prohibitory court order. As no such supporting documents were produced, the application was kept on hold.Framing the issue as whether a passport can be issued to a minor child on the application of the mother alone, in the absence of any prohibitory order, the High Court held that the legal position was no longer res integra.Referring to the Telangana High Court's ruling in Zayanab Aaliyah Mohammed v. Union of India, W.P.No.25962 of 2024, the Court reiterated that neither the Passports Act, 1967 nor the Passport Rules, 1980 bar a single parent from seeking a minor child's passport without the other parent's consent or pending divorce proceedings, provided the prescribed annexures are furnished.The Court also took note of judicial observations recognising the right to travel abroad as part of personal liberty under Article 21 of the Constitution, cautioning against a mechanical approach by passport authorities in cases involving minor children and separated parents.Finding that the petitioner had already submitted Annexures C and D along with her application, the Court concluded that insistence on divorce or judicial separation proceedings could not defeat her application as a single parent.Accordingly, the High Court allowed the writ petition and directed the Regional Passport Officer to consider the petitioner's application for issuance of a passport to her minor daughter within two weeks.Case Title: Shaik Shabana v. Union of India & Anr.Case Number: W.P. No. 2768 of 2026Counsel for Petitioner: K. PallaviCounsel for Respondents: Thenepalli Niranjan, Standing Counsel for Central GovernmentClick Here To Read/Download Order

Single Mother Can Apply For Child's Passport Without Father's Consent If Prescribed Declarations Are Filed: Andhra Pradesh High Court

Ritika Verma

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Ritika Verma

Single Mother Can Apply For Child's Passport Without Father's Consent If Prescribed Declarations Are Filed: Andhra Pradesh High Court

Ritika Verma

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Ritika Verma

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