HASEENA Vs. UNION OF INDIA

JUDGEMENT

(1.) On account of high-handedness of the passport authorities the petitioner No.1 who had been directed to surrender the passport of her minor child on 30/1/2020, has approached this Court under Article 226 of the Constitution of India. Petitioner No.1 is the mother of petitioner No.2 a minor daughter aged 6 years. Marriage between the petitioner No.1 and her husband one Sri. Anzil - respondent No.3 was dissolved in the year 2017 by decree of a Family Court Ext.P2 dtd. 26/5/2017. A passport bearing No.R0541315 dtd. 22/5/2017 was issued in favour of petitioner No.2.

(2.) Sri.Kishnamoorthy, learned counsel appearing on behalf of the petitioners, submitted that an application was submitted for re-issuance of the passport of the petitioner No.2 by ticking mark the clause No.II(d) of Annexure C regarding the matrimonial discord whereby the prime custody of the child was with the mother with the visitation rights to the father on every weekend. The venom of the husband on petitioner No.1 was reflected when the complaint at his behest was submitted to the passport officer with regard to the visitation rights. The passport officer without taking legal consideration or putting a notice to the petitioner or supplying the copy of the complaint, issued cause notice with regard to the misrepresentation in the application form and thereafter directed the petitioner No.1 to surrender the passport, which was surrendered on 31/1/2020 as reflected from Ext.P5.

(3.) Per contra it is submitted on behalf of the Assistant Solicitor General that complaint was submitted by the father which resulted into a notice dtd. 9/1/2020 Ext.P3 regarding the information supplied along with the application for re-issuance of the passport and the passport had been surrendered. The department examined the copy of the decree and noticed that visitation right had been given to the father which was not disclosed in the aforementioned format. It is in that aspect the notice Ext.P3 was issued, necessitating the passport officer to call upon the petitioner No.1 for surrender of the passport of petitioner No.2 and petitioner No.1 was directed to produce the order from the competent court for release of the passport as the father had raised objection.