RABEEHA Vs. MINISTRY OF EXTERNAL AFFAIRS AND ORS.

JUDGEMENT

(1.) THE petitioner is the wife of the 3rd respondent, who seeks for issuance of a Passport to the minor child born in their wedlock by name Ahsana E. The petitioner has filed an application before the 2nd respondent for issuance of a Passport to the minor child, which has been rejected by an endorsement in Ext. P4 that either a consent should be obtained from the father of the minor child or an order from the competent Court. The petitioner has approached this Court under Article 226 of the Constitution of India claiming that the petitioner has filed an application before the Family Court, Ernakulam for divorce as O.P. No. 758 of 2014 and divorce has been sought on the ground of desertion. While, the proceedings before the Family Court are pending, the petitioner seeks to get the Passport in the name of the minor child, since she intends to travel abroad for employment, as deputed by her employer.

(2.) THE learned Assistant Solicitor General of India, appearing for the respondents 1 and 2, would however contend that, as per the Passport Manual, 2010, the requirement is that when divorce action is pending between the parties, the Passport Issuing Authority has to insist on the consent of both the parents or alternatively the applicant should obtain an order from the Court for issuance of the Passport to the child.