DIVYA AHLAWAT Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has approached this Court for issuance of a writ in the nature of mandamus to the respondents for issuance of passport with the name of her step father in the column of father's name, only because the name of biological father is mentioned in her birth certificate claiming that the name of the step father of the petitioner is mentioned in all other documents i.e. all the certificates issued by different educational institutions, PAN card, Voter card, Aadhaar card etc.

(2.) It is claimed by the petitioner that her biological father and the biological mother had got married on 05.11993 at Delhi but later on the marriage was dissolved. The petitioner born out of the wedlock of the first marriage of the mother of the petitioner on 08.01.1995. As such, her biological father's name exists in the birth certificate issued by Chandigarh Administration dated 08.01.1995. As the biological father of the petitioner deserted the biological mother of the petitioner, while the petitioner was seven years old, a divorce petition filed by biological mother of the petitioner on 27.08.2003 was allowed vide decree of divorce dated 011.2004. The biological mother of the petitioner thereafter married Mr. Sanjay Ahlawat on 17.02006. As such, the biological mother of the petitioner and the petitioner are staying together with the step father of the petitioner as a family.

(3.) In the above said circumstances, the petitioner had submitted an application to the Regional Passport Officer to issue passport with her step father's name, which has not been accepted.