A Separated Single Parent May Obtain a Minor’s Passport Without the Other Parent’s Consent.

The petitioner sought re-issuance of a passport for her minor daughter, Jia Maulik Thakkar, born on 8 September 2011.

The child was living in the petitioner’s care and custody, and serious disputes between the petitioner and her husband made it impossible to obtain his consent.

The petitioner applied as a single parent under the Passport Rules, 1980; she approached the High Court under Article 226 seeking a direction to process and issue the child’s passport without insisting on the other parent’s consent.

1. Whether a parent separated from the other parent, but not formally divorced, may apply as a single parent for the minor child’s passport without the other parent’s consent

2. Whether the respondent authority should be directed to consider the petitioner’s application and issue or renew the minor child’s passport

The Court considered Rule 4(A)(3)(a) of Schedule III to the Passport Rules, 1980, which provides for declarations by parents, single parents or legal guardians and identifies Annexures C and G for single-parent applications, as applicable.

It also referred to Section 4(3) of Schedule II to the Rules, observing that a single parent who is separated but not formally divorced is eligible to endorse consent and apply for a passport.

The Court proceeded under Article 226 of the Constitution and relied on these provisions in considering the petitioner’s request; no precedent was cited.

The Court accepted that the petitioner was the child’s natural guardian and had responsibility for her care, while the serious disputes between the spouses made obtaining the father’s consent impracticable.

Reading the Rules as permitting an application by a separated single parent, the Court found the petitioner’s submission deserving of consideration and concluded that the passport authority should process the application in that capacity.

The Rule was made absolute, and direct service was permitted.