Telangana High Court
Ms. Mounika Kodali vs Union Of India on 28 November, 2023
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.32026 OF 2023
ORDER:
Heard the learned counsel for the petitioner and learned Senior Counsel Smt. N.V.R. Rajya Lakshmi appearing on behalf of the respondents.
2. The petitioner approached the Court seeking prayer as under:
"to issue writ or order or direction, more so in the nature of writ of mandamus declaring the action of the respondents No.2 and 3 herein in not considering the application vide Ref No.HY2065589186723 dated 29.06.2023 and issuing fresh passport to the 2nd petitioner as illegal, arbitrary, high handed and violative of articles 14 and 21 of Constitution of India"
CASE OF THE PETITIONER, IN BRIEF:
3. It is the specific case of the petitioner that custody of the child is with the petitioner as per the judgment and decree dated 10.04.2023 passed in O.P.No.264 of 2018 and the petitioner had submitted application dated 29.06.2023 along with Annexue-C in view of the judgment dated 10.04.2023 passed in O.P.No.264 of 2018 by the I Additional Family Court, Hyderabad. It is further the case of the 2 WP_32026_2023 SN,J petitioner that the petitioner filed a detailed representation dated 09.11.2023 addressed to the Registrar Officer, RPO, Hyderabad, and requested for issuance of fresh passport for petitioner's minor daughter, wherein it was very clearly and specifically stated that the child was in the custody of the petitioner since her birth and that the father of the child had never visited the child nor ever asked for the custody of the child. The respondent Nos.2 and 3 neither considered the application of the petitioner dated 29.06.2023, nor petitioner's representation dated 09.11.2023 till as on date. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition.
DISCUSSION AND CONCLUSION
4. Paragraph Nos.12 and 21 of the judgment dated 10.04.2023 in O.P.No.264 of 2018, read as under:
"The evidence of PW1 established that the respondent used to doubt her character and not interested in their daughter. The respondent in his counter pleaded that the petitioner spent huge amount on the birth of the child. This itself established that the respondent is not interested in baby girl and never taken care of his daughter at any point of time.
3 WP_32026_2023 SN,J In the result, the petition is allowed by dissolving the marriage of the petitioner with respondent, dated 16.10.2016 and by granting permanent alimony of Rs.50,00,000/- to the petitioner. The respondent is directed to deposit the said amount by way of F.D. in the name of minor. The petitioner is entitled to withdraw the accrued on F.D. amount for the welfare of minor till the minor attains majority. The decree of dissolution of marriage comes into force from the date of deposit of Rs.50 lakhs by way of F.D. in the name of minor. No costs."
5. Taking into consideration the aforesaid facts and circumstances of the case and the fact that the child had been in the custody of the petitioner since her birth and also the observations in the judgment dated 10.04.2023 passed in O.P.No.264 of 2018, in particular, paragraph Nos.12 and 21, (referred to and extracted above), and also duly considering the petitioner's representation dated 09.11.2023, respondent Nos.2 and 3 are directed to dispose of the application vide reference No.HY2065589186723 dated 29.06.2023 submitted by the petitioner along with Annexure-C for issuing fresh passport to petitioner No.2 duly considering the contents of petitioner's representation dated 09.11.2023, within a period of two (02) weeks, from the date of receipt of a copy of this 4 WP_32026_2023 SN,J order. It is left open to the respondents to obtain any undertaking by the petitioners as per the Passport Rules.
6. With these observations, the writ petition is disposed of. However, there shall be no order as to costs. However, there shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
__________________________________ MRS JUSTICE SUREPALLI NANDA Date:28.11.2023 HK 5 WP_32026_2023 SN,J HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.32026 OF 2023 Date:28.11.2023 hk