IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 16961 OF 2022
PETITIONER/S:
BINCY BABY
AGED 36 YEARS
D/O KOLLAMPARAMBIL PETER BABYCHAN,
KOLLAMPARAMBIL HOUSE, KARSHAKA ROAD, KOCHI
M.G ROAD, ERNAKULAM -682016
NOW RESIDING AT 1/57 MATHESONS ROAD, PHILLIPSTOWN,
CHRISTCHURCH, NEW ZEALAND, 8011.
REPRESENTED BY HER POWER OF ATTORNEY HOLDER MR. ABY BABY, PIN -
682016
BY ADVS.
BASIL CHANDY VAVACHAN
CHARUTHA BHAIJU
GEORGIE SIMON
BASIL SCARIA
FATHIMA SHALU S.
RESPONDENT/S:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO THE MINISTRY OF EXTERNAL AFFAIRS,
NEW DELHI.
PIN - 110001
2 ASSISTANT CONSULAR OFFICER
PASSPORT WING, HIGH COMMISSION OF INDIA,
RANCHHOOD TOWER, LEVEL 2, 102-112 LAMBTON QUAY, WELLINGTON, NEW
ZEALAND
PIN - 6011
3 CHIEF PASSPORT OFFICER
MINISTRY OF EXTERNAL AFFAIRS, ROOM NO. 8, PATIALA HOUSE, TILAK MARG,
NEW DELHI , PIN - 110001
4 BIJO DAVIS
AGED 46 YEARS
S/O OUSEPH DAVIS, PALIMATTAM HOUSE, ANGAMALY, MOOKKANNOOR
P.O, ERNAKULAM , PIN - 683577
OTHER PRESENT:
ASGI SRI MANU S
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16961 OF 2022
2
JUDGMENT
The petitioner has approached this Court seeking the following reliefs:
Issue a writ of Mandamus or any appropriate writ, order or direction directing the 2nd respondent to process the application submitted by the petitioner on behalf of her minor daughter vide Passport ARN No.22- 2001024710 and to re-issue the passport of the petitioner's minor daughter Ms. Anania Bijo without insisting the consent or signature of father of the minor daughter in any documents, within a time stipulated by this Hon'ble Court.
2. Learned counsel for the ASGI submits that the Regional Passport Officer will issue a communication to the petitioner in view of the directions given by this Court in various judgments to fill up the form Annexure C where the passport of the minor can be issued without the consent of one of the parents.
I dispose of the writ petition by directing the respondent to supply the copy of the Annexure C certificate to the petitioner within a period of two days from the date of receipt of a copy of this judgment and on submission of the said application within a week, the respondent shall process the application. If the application WP(C) NO. 16961 OF 2022 3 found to be in order, issue the passport within a period of 15 days from the date of submission of the application.
Sd/-
sab AMIT RAWAL JUDGE WP(C) NO. 16961 OF 2022 4 APPENDIX OF WP(C) 16961/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE CERTIFICATE OF MARRIAGE DATED 20/10/2009 OF PETITIONER AND 4TH RESPONDENT Exhibit P2 THE TRUE COPY OF CHARGING DOCUMENTS IN THE FILE OF DISTRICT COURT AT CHRIST CHURCH, NEW ZEALAND REGISTERED AGAINST THE RESPONDENT NO.4 Exhibit P3 THE TRUE COPY OF THE PROTECTION ORDER OF THE DISTRICT COURT AT CHRIST CHURCH, NEW ZEALAND Exhibit P4 THE TRUE COPY OF PASSPORT OF THE PETITIONER'S MINOR DAUGHTER MS. ANAINA BIJO Exhibit P5 THE TRUE COPY OF APPLICATION SUBMITTED BEFORE 2ND RESPONDENT FOR ISSUE/RE-ISSUE THE PASSPORT OF MS. ANAINA BIJO Exhibit P6 THE TRUE COPY OF THE LETTER DATED 06/04/2022 ISSUED BY THE 2ND RESPONDENT TO MS. ANAINA BIJO DEMANDING FURTHER DOCUMENT