NIBU MATHEW TITUS Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has sought the indulgence of this Court under Article 226 of the Constitution of India by issuance of a writ in the nature of mandamus directing the 3rd respondent i.e., The Embassy of India, Diplomatic Enclave, Arabian Gulf Street, P.O.Box No.1450, Safat - 13015 Kuwait represented by its Ambassador to process the application for re-issuance of passport dtd. 16/11/2019 with further declaration that both the parties accept the foreign judgment of divorce Ext.P2.

(2.) Succinctly, the facts which are discernible from the pleadings are that petitioner being an Indian citizen holding an Indian passport No.Z211079 valid upto 13/4/2022 working abroad for the last seven years, was married to one Mrs.Sunitha Ann Varghese belonged to Christian religion. The aforementioned marriage took place on 18/8/2010 as per the customs of the Christians.

(3.) Owing to the matrimonial discord, the 4th respondent instituted a petition for divorce bearing No.627/2015-personal status/9 before the Court of First Instance, Personal Status-Circuit/9 under the Ministry of Justice, State of Kuwait. Petitioner did not contest the matter and was intentionally proceeded ex-parte. The ground for obtaining the divorce was cruelty. The aforementioned Court, vide judgment dtd. 21/7/2015 (Ext.P2), allowed the divorce petition.