AYSHATH BUNAYATH, vs THE UNION OF INDIA,

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TH
FRIDAY, THE 29 DAY OF MAY 2026 / 8TH JYAISHTA, 1948
WP(C) NO. 7780 OF 2026
PETITIONERS:
1 AYSHATH BUNAYATH,
AGED 28 YEARS, D/O HASSAIN, RESIDING AT SAFANIYA
MANZIL, PACHAMBALA, ICHILANGOD VILLAGE, MANJESHWAR
TALUK, KASARAGOD DISTRICT, PIN - 671324
2 ABDUL RASHEED AMBAR IBRAHIM,
AGED 40 YEARS, S/O IBRAHIM, RESIDING AT NISHANA
MANZIL, AMBAR, MANGALPADY, MANJESHWAR TALUK,
KASARAGOD DISTRICT, PIN - 671324
BY ADVS.
SRI.T.MADHU
SMT.C.R.SARADAMANI
SMT.AVANTHIKA R.
SMT.ARUNIMA A.R.
SHRI.T.S.DAVIS
SMT.KARTHIKA B. VINOD
RESPONDENTS:
1 THE UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL
AFFAIRS, NEW DELHI, PIN - 110001
2 THE REGIONAL PASSPORT OFFICER,
KOZHIKODE, ERANHIPALAM POST, WEST HILL,
KOZHIKODE DISTRICT, PIN - 673006
3 PASSPORT SEVA KENDRA PAYYANNUR,
BUILDING NO.31, 452X+W5M KOYENCO ARCADE, 115 B,
NEAR BLOCK DEVELOPMENT OFFICE, PAYYANNUR,
KANNUR DISTRICT, REPRESENTED BY ITS AUTHORISED
OFFICER, PIN - 670307
BY ADV O.M.SHALINA, DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 22.05.2026, THE COURT ON 29.05.2026 DELIVERED THE
FOLLOWING:

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CR
J U D G M E N T
nd st
The 2 petitioner is the former husband of the 1
st
petitioner. No children were born out of their wedlock. The 1
petitioner is the holder of an Indian Passport which was valid for the
period from 13.01.2016 to 12.01.2026. In her passport, the name of
nd
her spouse is shown as Abdul Rasheed Ambar Ibrahim who is the 2
st
petitioner. The surname of the 1 petitioner is also shown as Abdul
nd
Rasheed being the name of the 2 petitioner.
2. The marriage between the petitioners was performed on
31.08.2015 in accordance with the religious rites and ceremonies
prevailing among the Muslim community and the personal law
applicable to Muslims. Later, their relationship became estranged
and they were living separately for more than three years. Since the
marriage between the petitioners was irretrievably broken down, it
was dissolved on mutual consent on executing Ext. P2 Mubaraat
Naama dated 09.07.2025 in the presence of witnesses.
3. ‘Mubaraat Naama’ is a written deed of divorce by mutual
consent under Muslim Personal Law, where both spouses voluntarily

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decide to dissolve their marriage. The Division Bench of this Court in
X and others v . Y and others (2021 (2) KHC 709: 2021 (2) KLT
967: ILR 2021 (2) Ker. 493) described ‘Mubaraat’ as follows:
“ Mubaraat: Mubaraat is a form of separation by mutual
consent. Dr. Justice Kauser Edappagath (Footnote No.12) after
referring to many authorities refers to 'mubaraat' as
dissolution of marriage by common consent of the spouses.
The learned author further states thus:
The word mubaraat indicates freeing of each other (from the
marriage tie) by mutual agreement. No formal form is insisted upon
for mubaraat by the Sunnis. The offer may come from either side.
When both the parties enter into mubaraat, all mutual rights and
obligations come to an end. Both Shia and Sunni laws hold it an
irrevocable divorce. Iddat is compulsory after mubaraat as after
khula. Under Sunni law, when both the parties enter into mubaraat,
all matrimonial rights which they possess against each other fall to
the ground.
Footnote No.12: 'Divorce and Gender Equity in Muslim
Personal Law of India'.”
nd
The petitioners state that based on Ext. P2, the 2 petitioner has
st nd
pronounced 1 and 2 Talaqs and issued the Talaq Naama. The
Talaq Naama issued was also communicated to the concerned Juma
nd
Masjids. On the 2 petitioner pronouncing Talaq and issuing the
st
Talaq Naama, the 1 petitioner observed iddat. The petitioners state
that after the Talaq Naama, they are discharged from their marital

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obligations to each other.
st
4. Since the validity of the passport of the 1 petitioner
expired on 12.01.2026, she approached the Passport Seva Kendra
for its reissue with changes in her surname and name of spouse as
the marriage between the petitioners was dissolved as per Ext. P2
nd st
and the 2 petitioner is no more the spouse of the 1 petitioner.
st
However, the 1 petitioner was informed that change in the
surname and the name of spouse could be made while reissuing the
passport only on production of the decree of divorce from a
competent court.
nd
5. The 2 petitioner has sworn to Ext. P3 affidavit dated
23.02.2026 stating that he has no objection to the removal of his
st
name as the surname and as the spouse of the 1 petitioner in the
reissued passport.
6. The petitioners state that insistence of production of
decree of divorce from the competent court for change of name of
the spouse for reissuing the passport is illegal and arbitrary.
Accordingly, they have filed this writ petition for a direction to
respondents 2 and 3 to accept the application for reissue of passport

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st nd
to the 1 petitioner by deleting the name of the 2 petitioner as the
st
spouse of the 1 petitioner without insisting for production of a
decree of divorce from the competent court dissolving the marriage.
7. When this writ petition came up for consideration on
09.03.2026, the learned Deputy Solicitor General of India submitted
st
that no application for re-issuance of passport to the 1 petitioner is
nd
pending before the 2 respondent. Accordingly, the writ petition was
st
adjourned at the request of the petitioners. The 1 petitioner applied
nd
for reissue of passport on 14.03.2026. The 2 respondent, the
Regional Passport Officer, issued Ext. P5 communication dated
06.04.2026 stating that for deleting the spouse name while re-
issuing the passport, the decree passed by the Competent Court
dissolving the marriage is required. Ext. P5 communication issued
nd
by the 2 respondent is extracted below:
“Madam,
This is to inform you that your application for the re-issue of
your passport, seeking the deletion of your spouse's name,
has been received and scrutinized by this office. It is noted
that in support of your request for the deletion of the
spouse's name, you have submitted a Deed of Dissolution of
Marriage (Mubaraath Naama) dated 09.07.2025 and a
mutual sworn affidavit.

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While this office acknowledges the submission of the
aforementioned documents, please be informed that the
processing of passport applications is strictly governed by
the extant rules and guidelines issued by the Ministry of
External Affairs, Government of lndia.
As per the MEA Office Memorandum No. VI/401/01/17/2015
dated September 6, 2024, the mandatory documentary
proof prescribed for the deletion of a spouse's name from a
passport is a "Divorce order / decree".
A decree or an order of dissolution of marriage can be
legally recognized for this administrative purpose only when
it is passed after adjudication by a competent statutory
authority or court established by law. Extra-judicial
settlement deeds, mutual affidavits, or certificates issued by
a Qazi or Mahallu Committee do not wield the authority of a
judicial decree and cannot be equated with a judgment
passed by a competent court of law. Therefore, such
documents do not fulfill the documentary requirements
mandated by the Ministry for the deletion of a spouse's
name.
In light of the above statutory instructions, this office is
unable to process your request for the deletion of the
spouse's name based on the currently submitted
documents. You are hereby requested to produce a certified
copy of a valid Divorce Decree / Order issued by a
competent Family Court of Law to enable this office to
proceed with your application.
Your application shall be kept on hold pending the
submission of the required document.”
8. A statement dated 19.05.2026 has been filed by the
Deputy Solicitor General of India, wherein, referring to Annexure

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R2(a) Memorandum No. VI/401/01/17/2015 dated 06.09.2024
issued by the Ministry of External Affairs, it is stated that formal
‘divorce decree/decree’ is mandatorily required for reissue of
passport with deletion of spouse name. Annexure R2(a) reads as
follows:
“OFFICE MEMORANDUM
Subject: Submission of documentary proof for
addition/deletion/change of Spouse name in the
Passport
Reference have been received regarding problems
being faced by the individuals whose name are incorporated
in someone else's passport as Spouse name without their
knowledge.
2. As per extant policy, no proof of marriage/divorce
is being taken from the passport applicant for
addition/deletion/change of spouse name or for change of
name/surname by female applicant due to marriage/divorce.
This has resulted in many unscrupulous applicants with
malafide intention taking advantage of the liberalized policy
by mentioning any third person's name as spouse name in
his/her passport without the knowledge of that person. It is
affecting the matrimonial life, reputation and putting an
innocent individual in difficult and embarrassing situation.
3. Keeping in view of the above, the following is
prescribed for addition /deletion/change of spouse name in
the Passport as well as change of name and surname by
female passport applicants on the basis of marriage /
divorce, etc.:
(I) For addition of spouse name in passport:
(a) Marriage Certificate

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or
(b) Joint Photo Declaration signed by both husband & wife
(II) For deletion of spouse name:
(a) Divorce order / decree
(III) For Change of spouse name:
(a) Divorce order/decree or death certificate of first spouse
and
(b) Re-marriage certificate or Joint Photo Declaration by
both husband & wife
(IV) For change of surname by women applicant
following marriage/ divorce:
a) Marriage Certificate or Joint Photo Declaration by both
husband & wife
(b) Divorce order / decree (if name/surname change is
based on divorce)
In case of full change of name after marriage, the standard
name change procedure should be followed.
4. All the Passport Issuing Authorities are requested to
follow the above instructions while accepting / processing
the Passport applications.
Sd/-
(Dr.K.J. Srinivasa)
Joint Secretary (PSP) & CPO”
(underlining supplied)
It is stated that Annexure R2(a) Office Memorandum was issued in
view of instances of misuse of the earlier liberalised policy and that
in view of the said binding instructions, the Passport Authority does

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not possess discretionary power at the processing level to accept
documents such as Qazi certificates, Mahallu Committee letters,
mutual settlement deeds, or Mubaraath agreements in substitution
of a divorce order/decree issued by a competent court.
9. Heard Sri.T. Madhu, the learned counsel for the
petitioners and Smt. O.M. Shalina, the learned Deputy Solicitor
General of India for the respondents.
10. Sri.Madhu relied on the judgment of this Court in W.P.
(C) No. 34730 of 2008 ( Fathima Abdul Kareem v . State of
Kerala and others ) and the decision of this Court reported in
Kanjirathingal Abdul Khader Nissar v . Passport Officer [2009
KHC 4438] to contend that divorce by way of pronouncement of
‘talak’ is a mode of divorce that is accepted in the Muslim
Community. Sri.Madhu also relied on the decision in Asbi K.N. v .
Hashim M.U. [2021 (6) KHC 159] wherein the Division Bench held
that extra-judicial divorce by Mubaraat mode is complete as and
when both spouses enter into mutual agreement and the seal of the
court is not necessary to validate such extra-judicial divorce.
11. Smt. Shalina, the learned DSGI submitted that

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Annexure R2(a) office memorandum has been issued in view of
instances of misuse of earlier liberalised policy, and it prescribes
specific documentary requirements to ensure authenticity and to
prevent fraudulent alteration of passport records. Referring to the
decision in Asbi (supra), the learned DSGI contends that declaration
of the status of the parties by the Family Court is necessary to
create a public record of the extra-judicial divorce and only such
public record can be relied on by the passport authority in deleting
or changing the spouse name since dispensing with proof of divorce
is susceptible to misuse by applicants. The learned DSGI invited my
attention to column 8(i) of the Passport Application Form (No.1)
under Schedule III of the Passport Rules, 1980 which reads thus:
“8(i) If divorced/widow/widower,” please indicate the
category (with documentary proof).”
Smt. Shalina submits that if the applicant is divorced, the relevant
status shall be indicated in the application form and supported by
documentary proof and the mandatory document proof required is a
decree of divorce from a competent court. Smt. Shalina also refers
to the ‘Instructions for Filling of Passport Application Form and

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Supplementary Form’ under Schedule III to the Passport Rules,
particularly Section ‘D’ thereof, which provides for the ‘List of
Supporting Documents’, and contends that divorcees applying for
change of name or deletion of the spouse’s name in an existing
passport are required to submit divorce order/decree issued by a

competent court. Accordingly, the learned DSGI submits that the
st
application of the 1 petitioner, which has been kept on hold, can be
processed only on production of a valid divorce decree issued by a
competent court.
12.This Court, in Fathima Abdul Kareem (supra), held as
follows:
“Authentication of divorce by competent court is one of
the methods of proving a divorce or even the existence of a
re-marriage. But it is not the only method. Divorce
resultant upon a ‘talak’ pronounced by her husband is a
mode of divorce that is accepted in the Muslim
Community.”
The said dictum was followed by this Court in the decision reported
in Kanjirathingal Abdul Khader Nissar (supra) and held that
divorce by way of pronouncement of ‘talak’ is a mode of divorce that
is accepted in the Muslim Community and that no formal decree of
divorce is necessary for deletion of the name of the Muslim divorced

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wife from the passport of the husband.
13. This Court in Ashna Moidu v . Regional Passport
Officer [2016 SCC OnLine Ker 29117] held that divorce by
pronouncing ‘Talaq’ is recognised mode of dissolution of marriage
under the Muslim Personal Law and directed the passport authority
to consider the application of the petitioner therein for deletion of
the entry relating to the name of the spouse of the petitioner in the
passport without insisting any court order evidencing dissolution of
their marriage.
14. In X and others v . Y and others (supra), the Division
Bench of this Court observed that there are four major forms of
dissolution of marriages as recognized under Islamic Law and
protected under the Shariat Act at the instance of the wife, namely;
i. Talaq–e–tafwiz
ii. Khula
iii. Mubara'at
iv. Faskh.
15. The Division Bench of this Court in Asbi (supra) has
held that extra-judicial divorce by Mubaraat mode is complete as
and when both spouses enter into mutual agreement and the seal of

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the court is not necessary to validate such extra-judicial divorce.
The Court held as follows:
“5.The unilateral extrajudicial divorce under Muslim
Personal law is complete when either of the spouse
pronounce / declare talaq, talaq-e-tafweez or khula, as the
case may be, in accordance with Muslim Personal Law. So
also extrajudicial divorce by mubaarat mode is complete as
and when both spouses enter into mutual agreement. The
seal of the Court is not necessary to the validity of any of
these modes of extra judicial divorce. The endorsement of
extrajudicial divorce and consequential declaration of the
status of the parties by the Family Court invoking S.7(d) of
the Act is contemplated only to have a public record of the
extrajudicial divorce.”
16. What the Division Bench has stated in Asbi (supra) is
that an extra-judicial divorce by Mubaraat becomes complete upon
mutual agreement between the spouses, and the approval of the
court is not required for its validity. The Court observed that the
declaration by the Family Court is intended only to have a public
record of the extra-judicial divorce. When it is settled law that
Mubaraat is a recognised mode of divorce, the authorities under the
Passports Act cannot refuse to accept a Mubaraat Naama as proof of
dissolution of marriage and insist on production of a decree of
divorce, though a public record such as a decree of divorce may be

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desirable.
17. As regards the contention of the learned DSGI with
reference to Column 8(i) of Passport Application Form No. 1 that
where the applicant is divorced, the relevant status must be
indicated in the application form and supported by documentary
proof, and that the mandatory documentary proof required is a
decree of divorce issued by a competent court, it is to be noted that
the documentary proof of divorce need not necessarily be a decree
of divorce from a competent court, it can be documentary proof of
any mode of divorce recognized in accordance with Muslim Personal
Law.
18. Section ‘D’ of the ‘Instructions for Filling of Passport
Application Form and Supplementary Form’ under Schedule III to
the Passports Rules referred to by the learned DSGI deals with ‘List
of supporting Documents’ to be submitted with the application form.
Section ‘D.1’ specifies the different categories of applicants and the
corresponding document numbers required to be submitted by
them. The same is provided in ‘Table 2’ to the Schedule. Section
‘D.2’ contains the overall list of documents referred to by the

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document numbers mentioned in ‘D.1’, and the same is provided in
‘Table 3’. Under Table 2, “Divorcees applying for change of name or
for deletion of spouse’s name in existing passport” are required to
submit ‘Document Nos. 5 and 48’ specified in Table 3. Document No.
5 in Table 3 reads as follows:
“Old Passport in original with self-attested photocopy of its
first two and last two pages, including ECR/Non-ECR page
(previously ECNR) and the page of observation (if any),
made by Passport Issuing Authority and validity extension
page, if any, in respect of short validity passport.”
Document No. 48 in Table 3 reads as follows:
“Deed poll/sworn affidavit as per Annexure ‘E’.”
Annexure ‘E’ to Schedule III of the Passports Rules provides for an
affidavit for change of name/surname. Under Table 2, where the
divorce decree is issued by a Qazi, the applicant is required to
submit ‘Document Nos. 36 or 37’. Document No. 36 in Table 3 reads
as follows:
“Court certified copy of Divorce decree”.
Document No. 37 in Table 3 reads as follows:
“Self-attested copy of Divorce certificate”.
It is pertinent to note that nowhere in the ‘Instructions for Filling of
Passport Application Form and Supplementary Form’, or in the

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Tables appended thereto, is a divorcee applying for change of name
or deletion of the spouse’s name in an existing passport required to
submit a decree of divorce issued by a competent court. Since a
decree of divorce issued by a Qazi is not a form of dissolution of
marriage recognised under Islamic law, the applicant is required to
submit a court certified copy of the divorce decree under Table 3.
However, the same is not required in the case of Mubaraat.
19. In this context, it is pertinent to note that Section IV of
the Passport Information Booklet under Schedule III to the Passport
Rules, 1980 deals with the “Documents to be attached with the
application”. Section IV(B) reads as follows:
“IV(B) CHANGE OF NAME/ADDITION OF SPOUSE'S NAME
IN PASSPORT ON RE-ISSUE BASIS
I. Following marriage, remarriage or divorce:
(a) An applicant applying for re-issue of passport for
incorporation of the name of his/her spouse;
(b) A woman applying for change of name/surname in
existing passport due to marriage;
(c) Divorcees applying for change of name OR for deletion
of spouse's name in existing passport;
(d) Re-married applicants applying for change of
name/spouse's name in passport;
Except the details provided by the applicant (of any
category mentioned above) in the application form, no
proof of marriage/dissolution of marriage (Court's order for
judicial separation/decree of divorce), etc. is required.

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(II) In other circumstances for change of name, the
applicant (both male and female) should furnish:
(i) clippings of two local news papers or the Gazette
notification of the concerned State Government, as the
case may be;
(ii) at least two public/school documents issued in the
desired/applied changed name to ascertain that the
applicant has actually changed his name.”
(underlining supplied)
Thus, divorcees applying for change of name or for deletion of
spouse's name in existing passport are not required to produce
court's order for judicial separation/decree of divorce. The Schedule
to the Rules forms part of the Rules. The statute dispenses with the
requirement of producing documentary proof of marriage or
dissolution of marriage, including a decree of divorce, for change of
name or deletion of the spouse’s name in the passport. It is well
settled that executive instructions or office memorandums cannot
override, amend, or supersede statutory rules. When the statute
does not mandate the production of proof of dissolution of marriage
for deletion of the spouse’s name from the passport, such proof
cannot be insisted upon through an office memorandum in the
nature of Annexure R2(a).

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nd
20. Accordingly, there will be a direction to the 2
st
respondent to process the application of the 1 petitioner for reissue
nd
of passport by deleting the name of the 2 petitioner as the spouse
st
of the 1 petitioner, without insisting on production of a decree of
divorce from the competent court, and in accordance with law and
pass appropriate orders, as expeditiously as possible, at any rate,
within a period of one month from the date of receipt of a copy of
this judgment.
It is made clear that this Court has, in this writ petition,
considered only the case of divorcees applying for change of name
or deletion of the spouse’s name in an existing passport, and that
this judgment shall not be construed as laying down any general
proposition applicable to other categories of applicants.
The writ petition is allowed as above.
Sd/-
MURALI PURUSHOTHAMAN, JUDGE
YKB

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APPENDIX OF WP(C) NO. 7780 OF 2026
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE RELEVANT PORTION OF
THE INDIAN PASSPORT BEARING NO.N6021485
ISSUED BY THE 2ND RESPONDENT TO THE FIRST
PETITIONER
EXHIBIT P2 THE TRUE COPY OF MUBARAATH NAAMA DATED
09.07.2025 EXECUTED BETWEEN THE
PETITIONERS IN THE PRESENCE OF WITNESSES
EXHIBIT P3 THE AFFIDAVIT DATED 23.02.2026 SWORN IN BY
THE 2ND PETITIONER
EXHIBIT P4 THE TRUE COPY OF THE RECEIPT DATED
14.03.2026 SHOWING THE RECEIPT OF ONLINE
APPLICATION FOR RE-ISSUE OF PASSPORT
EXHIBIT P5 THE TRUE COPY OF THE COMMUNICATION DATED
06.04.2026 ISSUED BY THE 2ND RESPONDENT TO
THE 1ST PETITIONER
RESPONDENT ANNEXURES
ANNEXURE R2(A) A TRUE COPY OF THE MINISTRY OF EXTERNAL
AFFAIRS OFFICE MEMORANDUM NO.
VI/401/01/17/2015, DATED 06/09/2024