Kerala High Court
Sunny Thengumpallil Mathew vs Regional Passport Officer on 5 February, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:9207
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
WEDNESDAY, THE 5TH DAY OF FEBRUARY 2025 / 16TH MAGHA, 1946
WA NO. 1501 OF 2024
THE JUDGMENT DATED 03.09.2024 IN WP(C) NO.43205 OF 2023
APPELLANT/PETITIONER:
SUNNY THENGUMPALLIL MATHEW,
AGED 72 YEARS
S/O. MATHEW, THENGUMPALLIL HOUSE, MANJOOR P.O., KOTTAYAM DISTRICT,
PIN - 686603
BY ADVS.SRI.JOHN VARGHESE
SRI.P.M.JOSEPH
RESPONDENTS/RESPONDENTS:
1 REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE,COCHIN, PANAMPILLY NAGAR P.O.,COCHIN,
PIN - 682036
2 STATION HOUSE OFFICER,
KADUTHURUTHY POLICE STATION, KADUTHURUTHY P.O.,KOTTAYAM DISTRICT,
PIN - 686636
3 MANU PETER,
S/O. PETER, EYEKKARADATHIL HOUSE, MOOZHIKULANGARA P.O., KOTTAYAM DISTRICT,
PIN - 686601,REPRESENTED HIS POWER OF ATTORNEY HOLDER,PETER, S/O.
SEBASTIAN, EYEKKARADATHIL HOUSE, MOOZHIKULANGARA P.O., KOTTAYAM DISTRICT,
PIN - 686601
*ADDL R4 IMPLEADED
ADDL R4. EMBASSY OF INDIA, DOHA
VILLA NO.86 & 90,STREET NO.941,AL EITHRA STREET,
ZONE 63, ONAIZA, P.O. BOX 2788,
DOHA-QATAR.
IS SUO MOTO IMPLEADED AS ADDL.R4 AS PER ORDER DATED 05.02.2025 IN
WA NO.1501/2024
BY SRI.A.J.VARGHESE, SENIOR GOVERNMENT PLEADER
SMT.MINI GOPINATH, CENTRAL GOVERNMENT COUNSEL
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 05.02.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WA No.1501 of 2024
2
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JUDGMENT
Dated this the 5th day of February, 2025
A.Muhamed Mustaque, J.
This matter is related to impounding a passport issued
to a minor child born in the wedlock of Manu Peter and
Nimmy T Jacob. The minor child Ethan Peter Manu born on
27.09.2017, obtained a passport bearing No.W0885744,
issued on 20.05.2022 by Regional Passport Office, Kochi.
This passport was with father of the child, Manu Peter, who
is now residing in U.K. Thereafter, Nimmy T Jacob applied
for a passport and obtained a passport bearing
No.X9060765 dated 01.05.2023 to the minor Ethan Peter
Manu. This led to the dispute as the passport authority
initiated proceedings for impounding the second passport.
2. Nimmy T Jacob would say that she was not aware
of issuance of earlier passport. Manu would submit that the
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passport has been obtained by Nimmy T Jacob without
informing him. Anyway there exist two passports. The
second passport bearing No.X9060765 issued on
01.05.2023 has been impounded.
3. This Court cannot find fault in the impounding
proceedings. However, taking note of the nature of the
dispute as the child is in Qatar, where Nimmy T Jacob is
working, we initiated some conciliatory proceedings
between parties. Accordingly, on 13.11.2024 this Court
passed the following order;
"We interacted with the parties. Based on the
interaction and the submissions of the learned
counsel appearing for both the parties, we find that
following solutions can be arrived at for the time
being:-
(1)The appellant and her daughter Nimmi, who came
online agreed to withdraw MC No.5/2023 pending
before the Judicial First Class Magistrate Court,
Vaikom. It shall be done within a week.
(2) The father of the child, namely, the third
respondent who also came online agreed to hand
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over the passport in favour of the child, Ethen Peter
Manu. It shall be done within a period of three weeks
through the counsel appearing before this Court.
(3) The mother agreed to hand over the custody of
the child to the father during the child's summer
holidays in Qatar for a maximum period of 30 days.
The father will take custody of the child from Qatar
and return the child to the mother in Qatar. The date
of taking the child and return of the child shall be
fixed by the intervener in this matter, Adv.G.Vidya.
(4) The mother shall permit interaction with the child
by grandparents and the third respondent Manu Peter
on every Sunday between 8.30 p.m. and 9.30 p.m.
(IST).
As the above solutions are acceptable to all the
parties, we adjourn this matter by four weeks.
Post on 16.12.2024."
Thereafter, on 19.12.2024, this Court passed the
following order;
"We interacted with the parties. An affidavit has
also been filed by the Power of Attorney Holder of the
wife - Nimmy T Jacob, which is on board. Nimmy T
Jacob has no objection in withdrawing the existing
C.C No.232 of 2023, pending before the Judicial First
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Class Magistrate Court-I, Ettumanoor. The above
case was registered against her husband and his
family members for offences under Sections 498(A),
323, 324 r/w Section 34 of Indian Penal Code.
However, we reserve her liberty to urge all grounds
regarding cruelty in pending divorce matter.
2. In the light of the stand taken by Nimmy T
Jacob that she has no objection in quashing the
proceedings in C.C. No.232 of 2023, we quash the
entire proceedings in C.C. No.232 of 2023 on the file
of the Judicial First Class Magistrate Court-I,
Ettumanoor exercising our power under Section 528
of BNSS. We also give liberty to Nimmy T Jacob to
urge all grounds related to cruelty in the pending
divorce case filed against her husband - Manu Peter.
3. We also record the handing over of the
passport of the child Ethan Peter Manu, bearing
No.W0885744. This passport will be in the custody of
the mother-Nimmy T Jacob. However, this shall be
handed over to the father-Manu Peter when the
custody of the child is given to the father as per the
Order dated 13.11.2024.
4. Nimmy T Jacob has agreed to allow the
father - Manu Peter and his parents to have
interaction with the child on every Sundays or such
other date as decided by the child legal assistant
counsel - G. Vidya.
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5. This passport is operational hereafter for all
practical purposes and the same shall be tagged
along with the impounded passport for the purpose of
visa.
6. We make it clear that the directions in the
Order dated 13.11.2024 shall be strictly followed.
7. We also deem it fit to direct the parties to
pay a sum of Rs.25,000/- each to the child legal
assistant counsel - G. Vidya.
The matter be treated as part heard.
Post on 14.01.2025."
4. As of now, passport is with Nimmy T Jacob as
Manu Peter has handed over the passport through the
counsel. The visa of the minor child Ethan Peter Manu is
endorsed in the impounded passport. Therefore, It is
appropriate that both the passports to be tagged and first
passport dated 20.05.2022 issued to the minor child is
ordered to be made operational hereafter.
5. The parties shall follow the orders dated
13.11.2024 and 19.12.2024 hereafter till competent
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jurisdictional court decide otherwise in regard to custody,
maintenance and any other matter arising out of
matrimonial dispute.
6. We also had an occasion to interact with the
parties through online today. Nimmy T Jacob demanded
minimum Rs.1,00,000/- (Rupees One Lakh only) as
maintenance for the child. Manu Peter is not prepared to
pay the same. He readily agreed to pay Rs.10,000/-
(Rupees Ten Thousand only) per month. However, on
account of our intervention, he has asked to pay
Rs.20,000/- (Rupees Twenty Thousand only) per month.
7. We order that Manu Peter hereafter shall pay
Rs.20,000/- (Rupees Twenty Thousand only) per month
towards maintenance of the minor child from this month
onwards till competent court decides on the quantum of the
maintenance, liability of Manu Peter etc. The amount of
maintenance shall be credited to the Bank Account of
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Nimmy T Jacob maintained in Qatar or in India. We also
order that Smt.G.Vidya who has been appointed as Child
Legal Counsel to intervene in the matter to provide all
assistance to the parties to work out the orders dated
13.11.2024 and 19.12.2024 till further decision is taken in
this matter by competent jurisdictional court. We also direct
Nimmy T Jacob to produce the impounded passport before
the Embassy in Qatar. The Embassy in Qatar shall make an
endorsement regarding impounding of passport bearing
No.X9060765 and allow parties to tag both passports
together in view of the fact that visa is endorsed in the
impounded passport.
This Writ Appeal is disposed of accordingly.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
P. KRISHNA KUMAR
JUDGE
MJL
2025:KER:9207
PETITIONER'S ANNEXURES:
Annexure A-1 TRUE COPY OF THE RELEVANT PAGES OF THE
PASSPORT BEARING NO. M6338130 OF THE MOTHER
OF MINOR CHILD
Annexure A-2 TRUE COPY OF THE RECEIPT DATED 03-07-2024
FOR PAYMENT OF SCHOOL FEES ISSUED BY THE
SPRINGFIELD PRIMARY SCHOOL.
