SHITAL MAULIK THAKKAR GUARDIAN OF AKSHAT MAULIK THAKKAR vs REGIONAL PASSPORT AUTHORITY

Court
Gujarat High Court

C/SCA/11262/2026 JUDGMENT DATED: 16/10/2026
(GJHC240563692026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11262 of 2026

FOR APPROVAL AND SIGNATURE:


HONOURABLE MS. JUSTICE NISHA M. THAKORE --Sd/-

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Approved for Reporting Yes No
✔
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SHITAL MAULIK THAKKAR GUARDIAN OF AKSHAT MAULIK
THAKKAR
Versus
REGIONAL PASSPORT AUTHORITY
======================================
Appearance:
DHRUVIN P BHUPTANI(8295) for the Petitioner(s) No. 1
MR PRADIP D BHATE(1523) for the Respondent(s) No. 1
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CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE

Date : 16/10/2026

ORAL JUDGMENT
1. RULE returnable forthwith. Mr. Pradip Bhate, learned
advocate waives service of notice of rule on behalf of the
respondent.
2. With the consent of the learned advocates for the
parties, the matter is taken up for final hearing and disposal.
3. By way of the present petition under Article 226 of the
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C/SCA/11262/2026 JUDGMENT DATED: 16/10/2026
(GJHC240563692026)
Constitution of India read with the provisions of the Passport
Act and Rules framed thereunder, petitioner has prayed for
the following reliefs :
“7.1 This Hon’ble Court may be pleased to admit and
allow the present petition;
7.2 This Hon’ble Court may be pleased to issue a writ
of mandamus or any other appropriate writ, order
or direction commanding the respondent authority
to forthwith process and issue/re-issue passports of
the minor child of the petitioner without insisting
upon consent of the other parent, in the interest of
justice;
7.3 Pending admission, hearing and final disposal of
the present petition, this Hon’ble Court may be
pleased to grant ad-interim relief in terms of
paragraph no.7.2 of this petition, in the interest of
justice;
7.4 Grant such other and further reliefs as may be
deemed fit in the interest of justice.”
4. Mr. D.P. Bhuptani, learned advocate appearing for the
petitioner has submitted that the petitioner is seeking re-
issuance of passport of minor child viz., Akshat Maulik
th
Thakkar (born on 20 September, 2016), as a single parent,
since the minor child is presently residing with the petitioner
and is under her continuous care, custody and supervision and
there are serious disputes between the petitioner and her
husband.
5. Mr. Bhuptani, learned advocate has submitted that it
would not be possible to secure the consent of husband of the
petitioner for renewal of passport of her minor child. In
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C/SCA/11262/2026 JUDGMENT DATED: 16/10/2026
(GJHC240563692026)
absence of consent, in accordance with Rule-4(A)(3)(a) of the
Schedule- III of Passport Rules, 1980, the single parent can
apply for passport of minor child. The relevant provision of
Section Rule-4(A)(3)(a) of the Schedule-III of Passport Rules,
1980, reads thus :
“Section 4(A)(3) When applying for a minor's passport attach:
(a) A Declaration from the parents/single
parent/applicant parent/legal guardians, as the
case may be, affirming the particulars furnished in
the application about the minor child as per
ANNEXURE "H" (for all minor applicants),
ANNEXURE "C" (Single parents who are separated
but not formally divorced/Single parent of the child
born out of wedlock), ANNEXURE "G" (when
passport is being applied for by single parent or
legal guardian), ANNEXURE "I" (when a minor
between 15-18 years of age applies for a full
validity 10 year passport OR in case either parents
who do not hold valid Indian passport while
applying passport for their minor child), as the case
may be. Single Parents applying for the passport
for their child should fill up ANNEXURE "C" and/or
ANNEXURE "G", as the case may be.”
6. Having heard the learned advocates appearing for the
respective parties, Section 4(3) of the Schedule-II of the
Passport Rules, 1980 provides that a single parent who is
separated, but not formally divorced, is also eligible to
endorse consent to prefer an application and get a passport
and it apparently by way of abundant caution that the
authority has indicated that the passport could not be granted
unless there is consent of the father or if there was a Court
order. The petitioner being the natural guardian and having
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C/SCA/11262/2026 JUDGMENT DATED: 16/10/2026
(GJHC240563692026)
responsibility of the minor child, applied for issuance/re-
issuance of passports of the minor child before the respondent
authorities so as to ensure that the child would not deprived
of opportunities requiring valid identification and travel
documents. The submission put-forth by Mr. Bhuptani,
learned advocate appearing for the petitioner requires
consideration. Accordingly, this Court is inclined to direct the
respondent authorities to consider the application preferred
by the petitioner as a single parent and issue new passport
(renew) to the minor child of the petitioner viz. “Akshat
Maulik Thakkar”, as expeditiously as possible, preferably
within a period of eight weeks from the date of the receipt of
the copy of the order.
7. In view of above, the present petition stands allowed to
the aforesaid extent. Rule made absolute . Direct service
permitted .
Sd/-
(NISHA M. THAKORE, J.)
AMAR RATHOD.../sfs/16.10
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