Bency Babu Sajitha Rep By Power Of ... vs Union Of India
2022 Latest Caselaw 6679 Ker

                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