A separated single parent may secure a minor’s passport without the other parent’s consent.

The petitioner, the minor child’s mother, sought re-issuance of her son Akshat Maulik Thakkar’s passport.

The child was residing in her care and custody, and she submitted that serious disputes with her husband made it impossible to obtain his consent.

She applied as a single parent and sought a direction requiring the Passport Authority to process and issue the child’s passport without the other parent’s consent.

Whether the petitioner, as a separated single parent, could apply for re-issuance of her minor child’s passport without the father’s consent.

Whether the Passport Authority should be directed to process and issue the child’s passport on that application.

Article 226 of the Constitution empowers the High Court to issue appropriate writs and directions.

The Court considered Rule 4(A)(3)(a) of Schedule III to the Passport Rules, 1980, which provides for a declaration by a single parent applying for a minor’s passport, including the applicable annexures for single parents.

It also referred to Section 4(3) of Schedule II of the Rules, stating that a parent separated but not formally divorced may apply for a minor’s passport.

The judgment contains these references to different Schedules; no precedent was cited.

The Court accepted that the petitioner was the child’s natural guardian and had responsibility for his care, while the parental dispute prevented her from obtaining the father’s consent.

It considered the Passport Rules to permit a separated single parent to apply and treated the consent requirement as a safeguard, rather than a bar where the application was made by the parent responsible for the child.

The Court therefore directed the Authority to consider the petitioner’s application as a single parent and issue the passport.

Rule was made absolute, with direct service permitted.