SHAIK SHABANA Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India seeking following relief/s...

(2.) Heard the learned counsel for the petitioner and learned Central Government Counsel and learned Government Pleader for Department of Home, and perused the material available on record.

(3.) The case of the petitioner is that the petitioner herein has made an application for issuance of passport for her minor daughter by name Mulla Arya, who is aged about 4 years, vide application reference No (ARN).25- 1060089857 to the respondent authorities on 28/8/2025. Instead of acting upon the same, the respondents are refusing to process the application on the ground to produce either the divorce or judicial separation proceedings of the petitioner from her husband or Court proceedings. It is submitted that the petitioner got married with one Mulla Suhel. Due to matrimonial disputes between the petitioner and her husband, she is living separately since the year 2022 along with her minor daughter. The petitioner being a single parent and a natural Guardian to her daughter had applied for her daughter's passport without the signature of her husband. However, the petitioner also gave a declaration in annexure C and D of the passport application stating that the reasons for the absence of another parent in the passport application. Since the petitioner meted out harassment in the hands of her husband, she filed criminal cases against her husband for the offences punishable under Sec. 420, 498A read with 34 I.P.C and Sec. 3 & 4 of the D.P. Act in C.C.No.3663 of 2023 on the file of the IV additional Judicial Magistrate of First Class, Nellore and also D.V.C.No.74 of 2023 before the Special Judicial Magistrate of First Class for the Trial of Prohibition and Excise Offences, Nellore. Both the cases are pending for trial. For which reason, she did not initiate any proceedings seeking divorce.