IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 18145 OF 2022
PETITIONER/S:
BENCY BABU SAJITHA, AGED 34 YEARS
D/O BABU.N.K,NALAMKANDATHIL HOUSE,
MEPPAYUR, KOZHUKKALLUR.P.O, PIN 673524,
KOZHIKODE DISTRICT,
REP BY HER POWER OF ATTORNEY HOLDER
BABU.N.K, S/O GOPALAN, AGED 65 YEARS,
NALAMKANDATHIL HOUSE,
MEPPAYUR, KOZHUKKALLUR.P.O, PIN 673524,
KOZHIKODE DISTRICT.,
BY ADVS.
U.P.BALAKRISHNAN
K.R.AVINASH
C.H.ABDUL RASAC
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY
MINISTRY OF EXTERNAL AFFAIRS
SOUTH BLOCK GOVERNMENT OF INDIA,
NEW DELHI-110 001.
2 THE REGIONAL PASSPORT OFFICER
PASSPORT OFFICE,
KOZHIKODE DISTRICT, PIN- 673006,
3 PRASHOB KUMAR.P, AGED 38 YEARS
S/O LATE CHAPPAN,RESIDING AT THEJAS,
KADAMERI.P.O, VATAKARA VIA,
KOZHIKODE DISTRICT,PIN- 673542
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18145 OF 2022 ..2..
JUDGMENT
The petitioner is the mother of minor Advik.B.Prashob. The 3rd respondent is the father of Advik.B.Prashob. According to the petitioner, when she attempted to make an application for issuance of passport to her minor son Advik.B.Prashob, she was informed by the office of the 2 nd respondent that she has to get a consent from the 3rd respondent, her husband and father of Advik.B.Prashob. According to the petitioner, the 3rd respondent is not likely to issue a consent, as the relationship between the petitioner and the 3rd respondent is strained. The petitioner has therefore, approached this Court for a direction to the 2nd respondent to issue passport to her minor son Advik.B.Prashob.
2. Heard the learned Counsel for the petitioner and the learned CGSC for respondents 1 and 2. In the WP(C) NO. 18145 OF 2022 ..3..
nature of the direction I propose to pass, notice to the 3rd respondent is dispensed with.
3. Learned Additional CGSC, on instructions submits that, so far the petitioner has not made any application for issuance of passport to her minor son Advik.B.Prashob.
4. Since it is stated that the petitioner is working abroad, if the petitioner makes an application online, for passport for her minor son, in the manner prescribed, the 2nd respondent shall consider the same, in accordance with law.
The writ petition is disposed of with the above direction.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB/09/06/2022
WP(C) NO. 18145 OF 2022 ..4..
APPENDIX OF WP(C) 18145/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT IN
W.P.C.NO.27184/2021 DATED 23.12.2021