LAWS(DLH)-2016-5-49

SHALU NIGAM Vs. THE REGIONAL PASSPORT OFFICER

Decided On May 17, 2016
Shalu Nigam Appellant
V/S
The Regional Passport Officer Respondents

JUDGEMENT

(1.) Petitioner No.1 by way of the present writ petition has sought reissuance of her daughter -petitioner No.2's passport without insisting upon her father's name being mentioned in the application.

(2.) Petitioner No.1, who appeared in person, stated that she is divorced from her husband and has raised petitioner No.2 as a single parent since her birth on 24th August, 1997. She contended that the biological father had completely abdicated his responsibilities towards petitioner No.2 since her birth.

(3.) Petitioner No.1 stated that the respondents insistence upon petitioner No.2 mentioning her father's name in the application violated the rights of petitioner No.2 to determine her name and identity. She pointed out that the entire record of petitioner No.2 -daugther which included her educational certificates and Aadhar Card etc. did not bear the name of her father. She submitted that if the directions sought for in the present petition are not issued, the petitioner No.2 -daughter would be compelled to alter her identity that she had been using since her birth as daughter of petitioner No.1 rather than of her biological father. According to her, through the malafide, arbitrary and discriminatory decision of respondents, petitioner No.2 was being compelled to mention the name of her biological father who had refused to accept her because she is a female child. She emphasised that respondents had originally in the year 2005 and subsequently in 2011 issued a Passport without insisting upon petitioner No.2's father.