Telangana HC Directs Issuance Of Passport Of Infant Upon Mother’s Request Without Insisting For Father's Consent
The Telangana High Court has directed the issuance of a passport for a minor child at the mother's request to travel abroad seeking medical treatment without insisting for the father's consent.
The direction of the Bench came in response to a writ petition filed by a mother challenging the passport office’s refusal to issue a passport to her four-month-old infant child. The mother had argued that the denial of the passport on the grounds of lack of consent from the child's father was arbitrary and violated Articles 14 and 21 of the Constitution. She contended that the passport was required for her child to accompany her for neurosurgery consultation abroad.
A Single Bench of Justice Anil Kumar Jukanti observed, “In view of the same, this Court is not inclined to deviate from the order passed in W.P.No.9481 of 2024 since it is squarely applicable to the facts of the present case. Hence, the authorities are directed to issue passport to the petitioner’s infant child immediately, dehors the consent of respondent No.3.”
Sr. Advocate P. Venu Gopal represented the petitioner, while Dy. SG Gadi Praveen Kumar appeared for the respondents.
The mother’s petition before the Court contended that the denial of a passport to her four-month-old infant hindered their ability to seek neurosurgery consultation abroad.
The communication issued by the passport office requested the mother to provide either consent from the father of the minor along with his presence or permission from the court to issue a passport to the minor child without the consent of the other parent.
During the hearing, the Court was informed that under similar circumstances, the Court had previously ordered the issuance of a passport to a minor child without the father's consent.
Upon reviewing the previous order and considering the circumstances of the case, the Bench directed the passport office to issue a passport to the minor child dehors the consent of the father.
Accordingly, the High Court disposed of the petition.
Cause Title: Ayesha Adeeba v. Union of India & Ors.
Appearance:
Petitioner: Sr. Advocate P. Venu Gopal
Respondents: Dy. SG Gadi Praveen Kumar
