POONAM KUMAR KHAIRE MANOHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The Writ Petition is filed seeking a direction to the respondents 1 and 2 to renew and reissue the passport of the petitioner's minor child-Shruti Poonam bearing Passport No.M6185337 without insisting consent of the 3rd respondent, who is the mother of the child.

(2.) It is the case of the petitioner that he got married to 3rd respondent on 9/7/2008 and out of wedlock, a Girl Child-Shruti Poonam was born on 15/6/2009. In the year 2013, the petitioner along with the 3rd respondent and their minor child got relocated to United States in connection with his employment. Later, there were strains in the marital life between the petitioner and the 3rd respondent and according to the petitioner, the 3rd respondent returned to India in the year 2021 and has been residing with her parents. The petitioner's minor daughter is living with him and presently studying a 10th Grade at Allen High School, Texas, U.S.A. The Indian passport of the child is due to expire on 28/1/2025 and therefore, the petitioner applied for renewal of the passport through online. The 2nd respondent returned the application with an instruction to furnish a copy of divorce decree along with the court order for child custody or a photograph of the passport attested by both parents. When the petitioner contacted the 3rd respondent seeking her cooperation for getting renewal of passport of the child, the 3rd respondent imposed a condition that the petitioner should facilitate her return to United States.

(3.) It is the case of the petitioner that the condition imposed by the 3 rd respondent is totally unrelated to renewal of the passport and the non-cooperation of 3rd respondent is putting the education of child in jeopardy. Having left with no other alternative remedy, the petitioner has approached this Court with the above said prayer.