MAYANK MOHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties concerned.

(2.) The marriage of the petitioner was celebrated in South Korea on 13/12/2013 with Seunga Yang. The marriage was registered in South Korea, and the petitioner, being Indian also got it registered in India. The petitioner and his first wife filed a petition for divorce before the Family Court in South Korea on the ground of mutual consent and the decree of divorce was passed after mediation, etc., on 11/11/2024 on the ground of mutual consent, as per the South Korean law. Subsequently, the petitioner solemnized his marriage with another Korean girl, namely, Daun Jung, on 13/2/2025 in Incheon, South Korea. This marriage was also registered in both countries i.e. South Korea as well as in India.

(3.) The petitioner filed an application for change of name of his spouse as per the relevant rules (Passport Rules, 1980) on 7/8/2025. However, the respondents-passport authorities, did not allow the operation of the passport by changing the name of the present spouse of the petitioner on the ground that, as per Clause 3.3.2 of the Compendium of Instructions, an application must be submitted by the parties at the competent Indian civil court and a declaratory order authenticating and confirming that the foreign divorce decree is in accordance with Indian law must be obtained by the concerned parties, before the mutual/contested foreign divorce is accepted by the Passport Issuing Authorities for grant of passport service.