G. THULASI MONI Vs. REGIONAL PASSPORT OFFICER

JUDGEMENT

(1.) The petitioner has filed the Writ Petition seeking issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned Order in Letter Ref.No.SCN/313314119/2022, dtd. 14/9/2022 on the file of the Respondent No.1 and quash the same as illegal and consequently to issue a direction directing the Repondents Nos.1 and 2 to re-issue the passport to the petitioner's minor son namely M.Siva Viknesh Murugeson, aged about 18 years for the purpose of studying in MBBS Course will be commence on 15/10/2022 at Republic of Moldova Country by indicating the petitioner/Mother as the single parent of the child.

(2.) The petitioner on behalf of his son M.Siva Viknesh Murugeson, aged about 18 years has filed the present writ petition seeking the above said prayer. The petitioner is the single parent of the child. The learned counsel appearing for the petitioner would submit that the petitioner and her husband got married on 4/2/2002 and out of the wedlock, they blessed with 2 children namely M.Siva Viknesh on 23/1/2005 and M.Reashmi Devi on 14/3/2009. Both parties were not living happily from the day one of marriage and the third respondent and his family members demanded additional dowry and subjected to cruelty made against him. Due to which, there was a difference of opinion between the husband and wife. Hence, the petitioner filed a divorce petition in HMOP No.11 of 2019 before the Sub-Judge, Eraniel, Kanyakumari District for granting divorce and the same is pending. Both the children are in the custody of the petitioner. The petitioner is solely responsible for them and she was deserted by her husband for the past 4 years. While being so, her minor son namely M.Siva Viknesh has completed 12th standard and he eagerly awaiting for doing his higher studies in MBBS course at abroad. Hence, he applied for MBBS course at Nicole Testeminanu State University of Medical and Pharmacy of the Republic of Moldova Country. On 16/9/2022 the said University has sent an acceptance letter for his eligible to participate in admission contest to 6 years M.D study (undergraduate course in Medicine) which commences from 15/10/2022. Therefore, on 25/8/2022, the petitioner has applied re-issue of his son's passport to go abroad for doing his MBBS course. Earlier, he had minor passport and the same has been expired. Because of divorce case is pending between the petitioner and her husband, she duly produced an undertaking affidavit that she is solely responsible for her son and seeking to re-issue of passport to her son. On 14/9/2022 the first respondent passed the Impugned Order of communication to him by stating the following averments:-

(3.) He would further submit that the impugned order passed by the first respondent is unsustainable one. Because she had filed divorce case in HMOP No.11 of 2019 against her husband on 2019 itself and still which is pending before Sub-Court, Eraniel and she deserted her husband for the past 4 years. Therefore, she is only taking care of her two children, and hence, she could not get signature from her husband as she did not correspond with her and the children for the past 4 years. Since her son was getting acceptance letter for eligible to participate in admission contest to 6 years which is commences from 15/10/2022. Because of the insistence of the first respondent to put signature by both parents on the passport re-issue application of her son, he may loose his valuable opportunity to join in MBBS course at Moldova Country and if he is not permitted to go abroad and join on or before 15/10/2022 he will be loosing his education, career and ambition. She would further submit that they already sought for extension of time from the above said University for joining the course due to non-issuance of passport and the said University has given extension of time till 21/10/2022. As her request was not considered. Hence, she has constrained to file this writ petition for issuance of passport.