Kerala High Court
Renjith Krishnan Radhakrishnan vs The Union Of India on 15 November, 2024
2024:KER:86227
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WP(C) Nos.1223 & 2029 of 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA,
1946
WP(C) NO. 1223 OF 2020
PETITIONER:
RENJITH KRISHNAN RADHAKRISHNAN, AGED 34 YEARS
S/O. G.P. RADHAKRISHNAN, GOVINDA MANDIRAM,
PARAKODE P.O. ADOOR, 691 554, NOW WORKING AT
QATAR.
BY ADVS.
S.SAJU
SRI.A.V.SAJAN
SMT.NEELANJANA NAIR
RESPONDENTS:
1 THE UNION OF INDIA, REP. BY ITS SECRETARY TO
THE GOVERNMENT, MINISTRY OF EXTERNAL AFFAIRS,
NEW DELHI, NEW DELHI 110 001.
2 THE CONSULAR OFFICER, EMBASSY OF INDIA, VILALA
NO. 86 AND 90, STREET NO. 941, AL EITHRA
STREET, ZONE 63, ONAIZA P.O. BOX 2788, DOHA
QATAR, PH. 00-974 44255777.
3 REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT
OFFICE, SNSM BUILDING, KAITHAMUKKU, PETTA
ROAD, THIRUVANANTHAPURAM 695 024.
BY ADV SRI.P.VIJAYAKUMAR
SMT.AMBILY,CGC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 15.11.2024, ALONG WITH WP(C).2029/2020, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:86227
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WP(C) Nos.1223 & 2029 of 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA,
1946
WP(C) NO. 2029 OF 2020
PETITIONERS:
1 PRASEETHA KANA, AGED 40 YEARS
W/O.MADHU SREEDHARAN, RESIDING AT ATHIRA,
PONNAKKUDAM, VADACODE P.O., THRIKKAKARA VIA
ERNAKULAM, PIN- 682021.
2 AADIA NAIR, (MINOR), AGED 15 YEARS
REPRESENTED BY HER MOTHER PRASEETHA KANA,
RESIDING AT ATHIRA, PONNAKKUDAM, VADACODE
P.O., THRIKKAKARA VIA ERNAKULAM, PIN-682021.
BY ADVS.
S.SAJU
SRI.A.V.SAJAN
SMT.NEELANJANA NAIR
RESPONDENTS:
1 THE UNION OF INDIA,
REP. BY SECRETARY TO THE GOVERNMENT, MINISTRY
OF EXTERNAL AFFAIRS, NEW DELHI, PIN-110001.
2 THE REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE, SHIHAB THANGAL ROAD,
NEAR IDBI CORPORATE BRANCH, PANAMPILLY NAGAR,
KOCHI, KERALA, PIN-682036.
3 PASSPORT SEVA KENDRA,
GROUND FLOOR HEERA ROYALE, SEAPORT-AIRPORT
ROAD, KARINGACHIRA, KOCHI, KERALA, PIN-
682301.
2024:KER:86227
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WP(C) Nos.1223 & 2029 of 2020
4 KOLIYATH PEETHAMBARAN NAIR,
S/O.KUNJIKANNA POTHUVAL, KOLIYAT HOUSE,
RAMANTHALI P.O., KANNUR DISTRICT, PIN- 670308.
BY ADV SHRI.P.VIJAYAKUMAR, ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 15.11.2024, ALONG WITH WP(C).1223/2020, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:86227
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WP(C) Nos.1223 & 2029 of 2020
JUDGMENT
Dated this the 15th day of November, 2024
Both these writ petitions are filed seeking for a
direction to reissue the passport by removing the name of
spouse as well as the legal guardian.
2. When the matter is taken up for consideration
today, it is submitted by the learned Central Government
Counsel that as per official memorandum No.
IV/401/01/17/2015/Govt of India dated 06.09.2024, it is
highly essential to produce the proof for addition, deletion or
change the spouse name in the passport. The same is
applicable even in the case of change of the name of the
guardian. In that respect, the petitioners have to produce
sufficient evidence. In the case of changing or removing the
name of the spouse, the respective petitioners have to
produce the copy of the judgment in the divorce petition by a
competent court of law. With respect to removal of biological
father's name, the petitioner will have to prove that the
biological father is not at all looking after the child and they
have obtained divorce much earlier. Only on considering
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WP(C) Nos.1223 & 2029 of 2020
those aspects, the authority can effect such changes. In
both these cases, it appears that the common issue involved
is the lack of sufficient evidences. When the petitioners make
sufficient documents available for their request, that can be
considered by the appropriate authority.
With the above observations, these writ petitions
are disposed of.
Sd/-
P.M.MANOJ
JUDGE
das
2024:KER:86227
WP(C) Nos.1223 & 2029 of 2020
APPENDIX OF WP(C) 2029/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF BIRTH CERTIFICATE DATED
20.09.2004.
EXHIBIT P2 TRUE COPY OF THE MEDIATION AGREEMENT
DATED 29.01.2014 ENTERED IN
O.P.131/2014.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT PASSED BY
THE HON'BLE FAMILY COURT AT KANNUR IN
O.P.131/2014 DATED 25.08.2014.
EXHIBIT P4 TRUE COPY OF THE MARRIAGE CERTIFICATE
DATED 03.01.2015.
EXHIBIT P5 TRUE COPY OF THE RESIDENCY PERMIT
BELONGING TO SRI.MADHU SREEDHARAN
ISSUED BY THE STATE OF QATAR VALID
TILL 02.06.2020.
EXHIBIT P6 TRUE COPY OF THE RECOMMENDATION
LETTER (IN ARABIC LANGUAGE) ISSUED BY
THE 2ND PETITIONER'S STEP-FATHER'S
COMPANY TO THE PUBLIC ADMINISTRATION
OF FORTS AND EXPATRIATE AFFAIRS DATED
21.08.2017.
EXHIBIT P7 TRUE COPY OF THE TRANSLATED VERSION
OF RECOMMENDATION LETTER ISSUED BY
THE 2ND PETITIONER'S STEP-FATHER'S
COMPANY TO THE PUBLIC ADMINISTRATION
OF PORTS AND EXPATRIATE AFFAIRS DATED
21.08.2017.
EXHIBIT P8 TRUE COPY OF THE CERTIFICATE SHOWING
2ND PETITIONER ACADEMIC EXCELLENCY
DATED 09.03.2019 ISSUED BY VIDYODAYA
SCHOOL, THEVAKKAL.
EXHIBIT P9 TRUE COPY OF THE CERTIFICATE SHOWING
2ND PETITIONERS EXCELLENCY IN EXTRA-
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WP(C) Nos.1223 & 2029 of 2020
CURRICULAR ACTIVITIES DATED
26.09.2019 ISSUED BY VIDYODAYA
SCHOOL, THEVAKKAL.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT PASSED BY
THE HON'BLE MADRAS HIGH COURT IN
MINOR V.MATHI NITHYA VS THE REGIONAL
PASSPORT OFFICER, WP(C) 14507 OF 2015
DATED 31.07.2015.
EXHIBIT P11 TRUE COPY OF THE JUDGMENT PASSED BY
THE HON'BLE PUNJAB AND HARYANA HIGH
COURT, IN MOHD ARMAN VS UNION OF
INDIA AND ORS,LPA NO.249 OF 2016
(O&M) DATED 23.01.2017.
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WP(C) Nos.1223 & 2029 of 2020
APPENDIX OF WP(C) 1223/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF MARRIAGE CERTIFICATE
ISSUED FROM THE THRISSUR CORPORATION
DATED 31.01.2014.
EXHIBIT P2 THE TRUE COPY OF THE RELEVANT PAGE OF
THE PASSPORT NO. N0. 9138829 OF THE
PETITIONER.
EXHIBIT P3 TRUE COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT DATED 07.01.2020.
EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGE OF
GAZETTE NOTIFICATION NUMBERED GSR
1171.(E) ISSUED BY THE MINISTRY OF
EXTERNAL AFFAIRS, GOVERNMENT OF
INDIA, DATED 23.12.2016.
EXHIBIT P5 THE PRINTED VERSION OF THE FORMATION
PROVIDED THE GOVERNMENT WEBSITE,
"HTTPS://WWW. PMINDIUN.GOV.IN/PAGES.
PHP?ID=1405".
EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN WPC NO. 30996 OF
2018 DATED 08.10.2018.
