HC permits inclusion of name of Biological Mother instead of Step Mother [Read Judgment]

23 Jul 2020

Categories: Latest News Case Analysis

The Punjab & Haryana High Court in one its recent judgement has directed the Regional Passport Officer, Chandigarh to take neccessary steps to incorporate the name of a petitioner's deceased biological mother in her passport.

Petitioner Divya's mother unforotunately paased away early when she was just a child. Her father remarried shortly sfter the incident. She submitted in her plea that all of her documents, including her Aadhaar and her educational certificates, recorded her biological mother's name under 'mother' tiltle, while only in her passport, her stepmother's name appears.

She thus sought to replace it with her biological mother's name to avoid any possible confusion between her various records during her studies and travels overseas. Therefore, she applied to the Passport Authorities to effect a change, to no avail.

The Passport Authority, however, contended that such a change ought to have been effected when the petitioner attained the age of majority, and not thereafter. Relying on a clause of the Passport Manual, the Authorities argued:

"... When the child applies for passport for the first time after he becomes major, he has the option to retain the name of biological parent or step-parent, as recorded in his Birth Certificate/educational certificate ..."

On the other hand, Learned Counsels of the Petitioner cited the Madras High Court's ruling in R Gayatri v State of Madras and argued that the guidelines of the Passport Manual couldn't be used to deny the petitioner a change in details, especially as the details were entered correctly in other documents.

They stated:

"...the Hon’ble Madras High Court on the basis of fair play, equity and prudence and in order to prevent the educational prospect of the petitioner therein from being affected, directed the Regional Passport Officer, Chennai to receive passport application of the petitioner and to process the same and issue passport by using the name of stepfather of the petitioner in the manner known to law and in accordance with law..." Justice Walia records the Petitioner's submissions"

In view of the above arguements, Court allowed petitioner's plea and held that the Passport Manual's directions were 'mere guidelines'.

"...In view of the Passport Manual being mere guidelines, name of the petitioner’s biological mother being mentioned in the (documents)... as also that no prejudice would be caused to either of the parties in the eventuality the name of the petitioner’s biological mother is mentioned in her passport, besides the same would prevent confusion in the identification of the petitioner...the Regional Passport Officer, Chandigarh is directed to process the request of the petitioner and issue a fresh passport to her by reflecting her biological mother’s name",

The Court thus accordingly directed the Passport Authority to substitute Divya's stepmother's name with her biological mother's name and issue a fresh passport within ten days.

The order was passed by Justice BS Walia on 16-07-2020.

Read Order Here:

Tags : Mother Passports Passports Act Punjab & Haryana High Court Punjab and Haryana High Court

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