Legal provisions involved: Passport Act, 1967; Bharatiya Nagarik Suraksha Sanhita, 2023

Judgement by: The Karnataka High Court

Judge/Bench:  Justice Suraj Govindaraj

Facts

The mother of two minor children applied for renewal and fresh issuance of passports. The Regional Passport Office declined processing due to the absence of declarations under Annexure-C and Annexure-D, which require parental consent or disclosure. The matter was complicated by pending matrimonial and guardianship disputes. Initially, the father was not impleaded and was later added as a necessary party by court direction.

Key legal provisions

Statutory requirements under the Passport Act for truthful declarations and parental consent in minor passport applications.

Issues raised

Whether passports could be issued without correct declarations and without hearing the non-applicant parent?

Arguments of the case 

The authorities argued that the mother had made incorrect statements regarding divorce and custody. The father expressed no objection, subject to compliance with visitation rights. The mother undertook to comply and explained the error as inadvertent.

Judgement 

The Karnataka High Court directed that passports be processed only after both parents jointly sign Annexure-D. It held that incorrect declarations cannot be condoned and clarified that any breach of undertakings could lead to cancellation or revocation of passports under statutory powers.

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