KHRISHA SURESH HEMNANI Vs. REGIONAL PASSPORT OFFICE AHMEDABAD

JUDGEMENT

(1.) By way of the present petition, the petitioners have prayed for the following reliefs:-

(2.) The learned advocate for the petitioners submitted that petitioners are seeking relief, directing the respondent no.1 to renew the passports of the petitioner nos.1 and 2 without No Objection from the respondent no.2 - husband. It is submitted that initially, an application has been preferred by the petitioner no.3 - mother. It is submitted that the petitioner no.3 and the respondent no.2 are the wife and husband. Subsequently, they have obtained decree of divorce by mutual understanding as per the provisions of 13B of the Hindu Marriage Act by preferring an application i.e. Family Suit No.270 of 2022 before the Family Court, Vadodara and pursuant to the same, the Family Court, Vadodara has passed decree of divorce on 10/8/2022. It is submitted that the Memorandum of Understanding was executed between the respondent no.2 and the present petitioner no.3 and as per the same, two minor children are in the custody of the petitioner no.3 as she is mother of both the minor children. It is further submitted that passports of the petitioner nos.1 and 2 are required to be renewed as the petitioner no.1 has to appear in the examination of SAT and accordingly, at the time of filling up the form, the copy of the passport is required and when they approached the passport authority, it has denied renewal of the passports mainly on the ground that No Objection of the father has been obtained and same was communicated to the present petitioner no.3 on 12/8/2025. Therefore, it is requested that now, it is not possible to secure the consent of the husband at this stage and in absence of his consent, if the passports are not renewed, the minor daughter has to suffer a lot and, therefore, it is requested for renewal of the passports without consent of the respondent no.2 - husband.

(3.) Learned advocate Mr.P.D. Bhate for the respondent no.1 submitted that the respondent no.1 has no objection if the present petition is allowed and the respondent no.1 authority will renew the passports, even in absence of No Objection from the respondent no.2 - husband.