Delhi High Court Directs Reissue Of Minor's Passport Without Father's Name After He Gave Up Custody

The Delhi High Court has directed the reissue of a minor's passport without mentioning her father's name, noting that the father had relinquished all custodial and visitation rights pursuant to a court-approved settlement.

Justice Purushaindra Kumar Kaurav passed the order while allowing a plea filed by a mother seeking reissuance of her minor daughter's passport without including the father's name.

Petitioners informed the Court that the parents had entered into a conciliated settlement agreement in 2021, which was later incorporated into a divorce decree in 2022.

As per the terms of the agreement, the father had agreed that the minor child would remain in the exclusive custody and single guardianship of the mother, and that he would neither claim custody nor seek visitation rights in the future.

Despite a specific request, the passport authority had issued the child's passport in 2024 mentioning the father's name. Hence, the present petition was filed.

Taking note of the settlement terms, the Court observed that for all practical purposes, the relationship between the minor and her father stood severed.

It added that so long as the daughter does not claim any right qua her father or the latter exercises any right qua the former, there should not be any impediment for the passport authority in reissuing her passport without the father's name.

Reliance was placed on Smita Maan and Anr. v. Regional Passport Officer (2023) where the High Court had ordered deletion of father's name from a minor's passport, after the former gave up all his rights towards the son.

As such, the Court directed the passport authority to reissue the minor's passport without mentioning the father's name. It however clarified that any rights of the child upon attaining majority would remain unaffected.

Appearance: Ms. Shaini Bhardwaj, Mr. Aditya Sharma, Mr. Avichal Mishra, Mr. Vedic thukral, Ms. Rukhsar, Advocates for Petitioners; Mr. Ashish K Dixit (CGSC), Mr. Adhiraj Singh (GP), Mr. Umar Hashmi adv, Ms. Iqra Sheik advs for Respondents

Case title: Ms. Parul Daware & Anr. v. Regional Passport Officer & Anr.

Case no.: W.P.(C) 17155/2025

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