Abdhul Rahim vs Union Of India
2021 Latest Caselaw 20277 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                       WP(C) NO. 19183 OF 2021
PETITIONER:

          ABDHUL RAHIM
          AGED 35 YEARS
          KOTTAYIL HOUSE, CHERUVATTOOR KARA, CHERUVATTOOR
          P.O.ERAMALLOOR VILLAVE, KOTHAMANGALAM TALUK-686 691.

          BY ADVS.
          V.JOHN MANI
          S.JAYANT
          JACKSON JOHNY
          VARGHESE SABU
          SETHULAKSHMI K.K.
          P.V.CHERIAN



RESPONDENTS:

    1     UNION OF INDIA
          REPRESENTED BY SECRETARY, MINISTRY OF EXTERNAL AFFAIRS,
          SOUTH BLOCK, NEW DELHI-110 011.

    2     CHIEF PASSPORT OFFICER,
          PSP DIVISION, MINISTRY OF EXTERNAL AFFAIRS, ROOM NO 27,
          PATIALA HOUSE, TILAK MARG, NEW DELHI-110 001.

    3     REGIONAL PASSPORT OFFICE,
          REGIONAL PASSPORT OFFICE, KOCHI, ERNAKULAM-672 036.




          SRI.JAISHANKAR V. NAIR-CGC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No. 19183 of 2021
                                    2


                 BECHU KURIAN THOMAS, J.
                 ----------------------------------------
                     W.P.(C)No. 19183 of 2021
                 ----------------------------------------
           Dated this the 30th day of September, 2021

                            JUDGMENT

After going through the pleadings in this writ petition,

though I was inclined to direct the petitioner to implead his

former wife as a party in this writ petition, it is submitted

by the learned Central Government Counsel that pursuant

to receipt of the objection raised by the petitioner, which is

produced as Ext.P4, the Regional Passport Officer has

already entered the objection under the title "Policy

Remarks in the System".

2. It is also submitted that as a result of the said

entry, in the computer system of the passport issuing

authority, as and when an application for issuance of a

passport is received for an on behalf of the minor child, the

system will automatically generate an objection.

Thereafter, notices will be issued and the parties will be

heard before taking a decision. The objection of either of W.P.(C)No. 19183 of 2021

the parties will be called for and a decision will be taken

only thereafter. The learned Counsel for the respondents

submitted that no application has been received as on date

for renewal of the passport of 'Reyah Fathima' and hence,

no further orders need be passed nor any of the questions

raised in this writ petition be considered.

In view of the aforesaid submission, this writ petition

is closed without prejudice to the rights of the former wife

of the petitioner or of the petitioner to raise appropriate

contentions at the appropriate stage.

The writ petition is closed.

Sd/-

BECHU KURIAN THOMAS JUDGE AJ/30.09.2021 W.P.(C)No. 19183 of 2021

APPENDIX OF WP(C) 19183/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE DECREE IN OP NO 204/2019 DATED 16.3.2020 OF HON'BLE FAMILY COURT, MUVATTUPUZHA

Exhibit P2 A TRUE COPY OF THE SETTLEMENT AGREEMENT EXECUTED BY THE PETITIONER AND RAISAMOL BEFORE THE PRINCIPAL COUNSELLOR OF THE HON'BLE FAMILY COURT MUVATTUPUZHA

Exhibit P3 A TRUE COPY OF THE DECREE IN OP NO 745/2019 DATED 16.3.2020 OF HON'BLE FAMILY COURT, MUVATTUPUZHA

Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 6.9.2021 SUBMITTED BY THE PETITIONER

Exhibit P5 A TRUE COPY OF THE POSTAL RECEIPT DATED 7.9.2021