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Karnataka High Court
Omisha Marar vs Passport Authority Of India on 1 April, 2026
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NC: 2026:KHC:17691
WP No. 8072 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 8072 OF 2026 (GM-PASS)
BETWEEN:
OMISHA MARAR
D/O AJAY MARAR.
AGED ABOUT 16 YEARS,
SINCE MINOR,
REPRESENTED BY HER MOTHER
BIVRA MARAR.,
AGED ABOUT 43 YEARS,
RESIDING AT NO.31, 1ST FLOOR,
1ST CROSS, XAVIER LAYOUT, YG PALYA,
BANGALORE- 560047.
...PETITIONER
(BY SRI. MANOJ.K., ADVOCATE FOR
SRI. MAHABALESHWAR CHITRIGEMATH., ADVOCATE)
Digitally signed
by CHAITHRA A
Location: HIGH AND:
COURT OF
KARNATAKA
PASSPORT AUTHORITY OF INDIA
REPRESENTED BY,
REGIONAL PASSPORT OFFICER
80 FEET ROAD, 8TH BLOCK, KORAMANGALA,
BANGALORE- 560095.
...RESPONDENT
(BY SMT. SWAMINI GANESH MOHANAMBAL., CGC)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
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WP No. 8072 of 2026
HC-KAR
RESPONDENT TO CONSIDER THE APPLICATION FILED FOR
RENEWAL OF PASSPORT WITHOUT THE SIGNATURE OF THE
FATHER OF PETITIONER.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The facts leading to the filing of the present writ
petition, as borne out from the pleadings and records, are
that the marriage between the petitioner's parents was
solemnized on 20.08.2005 and, owing to irreconcilable
marital discord, the parties mutually agreed to dissolve
their marriage in M.C. No.635/2025. In terms of the
compromise arrived at between the parties, the marriage
stands dissolved by a decree of divorce and the permanent
custody of the minor petitioner, aged about 16 years, has
been entrusted to the mother - Smt. Bivra Marar. The
father, while consenting to the said arrangement, has
reserved only limited visitation rights, to be exercised in a
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manner that does not interfere with the education and
welfare of the minor child.
2. The petitioner is presently studying in 10th
standard at Bishop Cotton Girls' School, Bengaluru, and is
an accomplished international Taekwondo athlete who has
represented the country in several international
competitions and secured laurels. The petitioner has now
been selected to represent India in an international
Taekwondo event scheduled to be held in China and, in
furtherance of the same, has applied for renewal of her
passport. However, the grievance of the petitioner is that
the respondent-Passport Authorities are insisting upon the
consent/signature of the father as a mandatory
requirement for processing the application.
3. Heard the learned counsel appearing for the
petitioner and the learned counsel appearing for the
respondent-Passport Authority. Perused the material on
record.
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4. The controversy in the present case lies in a
narrow compass, but is intertwined with peculiar facts
concerning the welfare and future prospects of a minor
child. The records unequivocally indicate that pursuant to
a lawful compromise decree, the custody of the minor
petitioner has been granted to the mother, who is
presently the natural guardian in actual care and control of
the child. The father has not only consented to such
custody arrangement but has also agreed to exercise only
visitation rights, which are limited in nature and subject to
the convenience, education and overall welfare of the
minor petitioner.
5. It is also not in dispute that the petitioner is a
meritorious sportsperson who has already represented the
nation at international fora in Taekwondo and continues to
pursue excellence in the said field. The opportunity now
extended to the petitioner to participate in an international
Taekwondo event in China is a significant milestone in her
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sporting career and has a direct bearing on her future
prospects.
6. The learned counsel appearing for the
respondent-Authority would contend that in the absence
of the father's signature, the application for renewal of
passport cannot be processed, placing reliance on Clause
(4) of the Form prescribed under Annexure-D. It is
submitted that such compliance is mandatory and the
authority is bound by the procedural requirements
stipulated therein.
7. This Court, however, on a careful consideration
of the facts and circumstances of the case, is unable to
accept the said contention in its rigid form. It is relevant to
note that the petitioner's mother has made bona fide and
diligent efforts to communicate with the father, who is
presently residing in the United States of America, by
informing him through email about the petitioner's
selection to represent India in the international Taekwondo
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event in China and seeking his consent for the purpose of
passport renewal. Despite such intimation, the father has
neither responded nor raised any objection.
8. In the considered view of this Court, when the
father, despite being duly informed, has chosen to remain
non-responsive, the minor petitioner cannot be made to
suffer on account of such inaction. The insistence on the
father's signature, in the peculiar facts of the present case,
would amount to adopting a hyper-technical approach,
which would defeat the larger interest of the minor child.
9. The paramount consideration in matters
concerning minors is their welfare, development and best
interests. The petitioner, at a young and impressionable
age, has already demonstrated exceptional talent in sports
and has earned the opportunity to represent the country
at an international level. Denial of passport renewal on
technical grounds would not only impede her immediate
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participation in the scheduled event but would also have a
demoralising effect on her growth as an athlete.
10. This Court is also of the view that permitting
the petitioner to travel abroad for a limited duration of one
week to participate in an international sporting event
would, in no manner, prejudice or dilute the father's
visitation rights, which remain intact and enforceable in
accordance with the terms of the compromise decree. The
father's rights, being in the nature of visitation, cannot
override the legitimate aspirations and opportunities
available to the minor child, particularly when such
opportunities contribute to her holistic development and
bring recognition to the nation.
11. In the aforesaid backdrop, this Court is satisfied
that the present case warrants exercise of extraordinary
jurisdiction under Article 226 of the Constitution of India.
The respondent-Authorities, in the peculiar facts and
circumstances of the case, cannot insist upon the consent
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or signature of the father as a precondition for renewal of
the petitioner's passport. Such insistence would be
contrary to the welfare of the minor child and detrimental
to her right to participate in an sporting event
representing the country.
12. For the foregoing reasons, this Court proceeds
to pass the following:
ORDER
i. The Writ Petition is allowed in part.
ii. The petitioner's mother shall furnish all
requisite documents as per Annexure-C
within a period of three working days. She
shall also file an affidavit declaring that the
minor petitioner's travel shall be confined
solely to participation in the international
Taekwondo event scheduled in April 2026,
along with complete particulars of the said
event.
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iii. Upon receipt of the said documents and
affidavit, the respondent-Passport
Authority shall process the application and
renew the passport of the petitioner
forthwith, without insisting upon the
consent or signature of the father, so as to
enable the petitioner to participate in the
international Taekwondo event to be held in
China.
SD/-
(SACHIN SHANKAR MAGADUM)
JUDGE
AMM
List No.: 1 Sl No.: 2
