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Kerala High Court
Sharmila.O vs Chief Passport Officer on 30 December, 2025
2025:KER:98928
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
TUESDAY, THE 30TH DAY OF DECEMBER 2025 / 9TH POUSHA, 1947
WP(C) NO. 48524 OF 2025
PETITIONER:
SHARMILA.O
AGED 45 YEARS
SPOUSE OF LATE VINOD B
NIRANJANAM, KANJIRACODE, MULAVANA PO,
KOLLAM, PIN - 691563
BY ADVS.
SHRI.RADHAKRISHNAN R.
SMT.CHRISTIL SHAJI
RESPONDENTS:
1 CHIEF PASSPORT OFFICER
THE CHIEF PASSPORT OFFICER,
MINISTRY OF EXTERNAL AFFAIRS SOUTH BLOCK
NEWDELHI, PIN - 110001
2 THE REGIONAL PASSPORT OFFICER
REGIONAL PASSPORT OFFICE, SNSM BUILDING ,
KARALKADA JUNCTION, PETTAH PO KAITHAMUKKU,
THIRUVANANTHAPURAM, PIN - 695024
3 PASSPORT SEVA KENDRA
74 BUILDING # MC VIII / 1578 / 715 A S.N TRUST
COMPLEX, NEAR KOLLAM MUNICIPAL CORPORATION
OFFICE, VELLAPPALLY NAGAR, KOLLAM, KERALA,
PIN - 691100
BY ADV.
O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
2
WP(C) No. 48524 of 2025
2025:KER:98928
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 30.12.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
3
WP(C) No. 48524 of 2025
2025:KER:98928
JUDGMENT
This Writ Petition is filed under Article 226 of the Constitution of
India seeking the following reliefs:
1. "Issue a writ of mandamus or any other appropriate writ,
order, or direction directing the Respondents to incorporate
the name of the Petitioner's deceased husband in her
passport.
2. Declare the action of R2 as illegal, Arbitrary and denial of
Fundamental rights."
2. The learned counsel for the petitioner submitted that the
petitioner, Sharmila O., is a widow belonging to a vulnerable section of the
society with a disadvantaged socio-economic background. She is aggrieved
by the decision of the respondents in refusing to incorporate her deceased
husband's name in her passport. It is submitted that her husband died on
13.03.2021.
3. Pursuant to the application submitted by the petitioner,
the competent authority, Regional Passport Officer, issued passport to her on
25.02.2025, having number C7951029. The petitioner had produced and
exhibited a copy of the said passport as Ext.P1.
4. According to the learned counsel for the petitioner, the
non-incorporation of the name of the husband of the petitioner in Ext.P1
passport is a lapse on the part of the 2 nd respondent, the Regional Passport
Officer. The learned counsel for the petitioner submits that the petitioner had
already produced the relevant documents required for effecting the relevant
entries.
5. On the other hand, the learned Deputy Solicitor General
of India submitted that some clarification is required and further documents
2025:KER:98928
are necessary to incorporate the name of the husband of the petitioner in the
passport. If the petitioner is ready to furnish the documents and to comply
the necessary formalities as required by the Rules, respondents are ready to
incorporate the particulars in the passport.
6. The learned counsel for the petitioner further submitted
that the petitioner had to go abroad on 05.01.2026 to take up an
employment. All the arrangements were made by the petitioner for her
travel. But due to the defect in the passport, the job opportunity offered to
the petitioner is likely to be jeopardized.
7. Having regard to the submissions of the learned counsel
for the petitioner and the learned DSGI, this Court is of the view that this
Writ Petition can be disposed of with the following directions:
i. The petitioner shall approach the respondents at the earliest to
make necessary entries in the passport and submit necessary
particulars.
ii. If the petitioner approaches the respondents with necessary
application and documents as may be required, the respondents
shall effect necessary entries in her passport forthwith.
The Writ Petition is disposed of as above.
Sd/-
K. V. JAYAKUMAR
JUDGE
BR
2025:KER:98928
APPENDIX OF WP(C) NO. 48524 OF 2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE PASSPORT HAVING NUMBER
C7951029 ISSUED BY RESPONDENT 1 TO 3.
Exhibit P2 TRUE COPY OF THE EXPERIENCE CERTIFICATE
ISSUED BY ST. VINCENT'S HOME FOR THE
AGED & DESTITUTE
Exhibit P3 A TRUE COPY OF THE DEATH CERTIFICATE OF
PETITIONERS HUSBAND MR.VINOD DATED
07-02-2025
Exhibit P4 A TRUE COPY OF MARRIAGE CERTIFICATE
DATED 16/07/2025
Exhibit P5 A TRUE COPY OF WIDOW CERTIFICATE IN
FAVOUR TO PETITIONER BY GOVERNMENT OF
KERALA DATED 23-12-2025
Exhibit P6 A TRUE COPY OF THE EMPLOYMENT VISA DATED
22-12-2025
Exhibit P7 A TRUE COPY OF THE APPLICATION FOR RE-
ISSUANCE OF PASSPORT INCORPORATING NAME
OF HER HUSBAND IN THE PROPER PLACE AND
RECEIPT BY RESPONDENT 3.
Exhibit P8 A TRUE COPY OF THE PASSPORT OF MAYA
RAMACHANDRAN (PASSPORT NO: AL634433,
DATED 18/12/2025) ISSUED THE COCHIN
REGIONAL PASSPORT OFFICE, IN SIMILAR
MARITAL STATUS AS WIDOW, INCORPORATING
THE NAME OF HER DECEASED SPOUSE. AND
DEATH CERTIFICATE OF HUSBAND NAMED BIJU
OF MAYA RAMACHANDRAN
Exhibit P9 A TRUE COPY OF THE EMAIL TO RESPONDENT
NO.2 & APPEAL THROUGH SPECIAL MESSENGER
TO RESPONDENT NO 1 DATED 23/12/2023.
