ABDUL KADER NISSAR Vs. PASSPORT OFFICER

JUDGEMENT

(1.) Petitioner is the holder of an Indian Passport, which is valid upto 11.10.2009. The petitioner had earlier married a lady by name Safia as per the religious rites and rituals applicable to the Muslim Community. Dispute arose between the spouses. Later, the petitioner divorced his wife by saying 'Talaq' on 19.3.2009 as evidenced by Ext. P1. The Jama ath Committee of the Juma Masjid, Kunnatheri, Thayikkattukara issued a certificate on 31.5.2009 verifying this fact. Ext. P3 agreement was also executed between the petitioner and his wife. The petitioner has sought for deletion of the name of his wife from the passport. He submitted Ext. P5 application in this regard. This writ petition has been filed expressing an apprehension that the respondents may insist on a formal decree of divorce before dealing with the application correction as sought for by the petitioner. The issue whether a decree of divorce is necessary in cases dealing with an application for correction of passport submitted by the persons belonging to Muslim Community has been considered by me in detail in WP (C) No.34730/08. It has been held as follows in paragraph 5 of the said judgment:

(2.) The facts of the present case are similar to those considered in the aforementioned judgment.

(3.) Heard learned counsel representing the Assistant Solicitor General also.