Minor A.Rihanna vs The Regional Passport Officer
2023 Latest Caselaw 14576 Mad

Citation : 2023 Latest Caselaw 14576 Mad
Judgement Date : 22 November, 2023

Madras High Court

Minor A.Rihanna vs The Regional Passport Officer on 22 November, 2023

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 22.11.2023

PRESENT

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN

WP(MD) No.26265 of 2023

Minor A.Rihanna
Rep.by her mother and Natural Guardian
Tmt.J.Sivabackiya ... Petitioner

vs.

The Regional Passport Officer,
Regional Passport Office,
Madurai. ... Respondent

Prayer : Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus to direct the respondent to re-issue the passport of
the petitioner minor daughter A.Rihanna replacing the name of her biological
father Ashwin K with that of her stepfather J.Praveen in the light of the
representation dated 01.10.2023.

For Petitioner : Mr.N.Dilipkumar

For Respondent : Mr.B.Rajesh Saravanan

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ORDER

Heard both sides.

2.The petitioner was born to Mr.Ashwin and J.Sivabackiya on

12.11.2019. The petitioner's father died in a tragic road accident on

26.04.2022. The petitioner's mother got remarried and she is presently abroad.

The petitioner had also suffered multiple injuries during the accident. She is

also having quite a few other medical issues. The petitioner is presently with

her mother and the stepfather. Certain issues had arisen on account of the

presence of the petitioner's biological father's name in the passport. The

petitioner wants her stepfather's name to be included in the column “father” in

the place of her biological father. Since her application has not been

considered, this writ petition came to be filed.

3.The issue raised in this writ petition is no longer res integra. A learned

Judge of this Court Mr.Justice V.Ramasubramanian (As His Lordship Then

Was) in the decision reported in 2015-1-L.W-943 (Mrs.B.S.Deepa vs. The

Regional Passport Officer, Chennai & ors) held as follows :

“38.In view of the above, the writ petition is disposed of with the
following directions:-

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(1) The Ministry of External Affairs, Union of India may
incorporate suitable provisions in the Passport Manual and
incorporate suitable columns in the applications for the issue of
passports, to enable the parties to indicate either the names of the
biological parents or the names of the adoptive parents or the
names of the step parents or all of them, according as the
situation demands. It can be left to the will of the parties either to
indicate the names of one or more of the biological parents along
with the name/ names of the adoptive or step parent/parents or to
indicate the names of all.
(2) In so far as the case on hand is concerned, the respondents
shall issue a passport to the daughter of the petitioner, by
indicating the name of R.Lakshmanan as the stepfather, in the
column reserved for filling up the name of the father. The
respondents are directed to issue passport within four weeks,
upon the petitioner's application bearing File No.
MA3067806994714 dated 10.7.2014.”

This judgment was followed in a subsequent decision of this Court reported in

(2016) 7 Mad LJ 605 (J.Nijish Archibald v. The Regional Passport Officer). I

am inclined to adopt the very same approach. The respondent is directed to

re-issue the passport to the petitioner by substituting the name of her stepfather

J.Praveen in the place of her biological father Ashwin K as expeditiously as

possible.

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4.This writ petition is allowed. No costs.

22.11.2023

Index : Yes / No
Internet : Yes/ No
skm

The Regional Passport Officer,
Regional Passport Office,
Madurai.

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G.R.SWAMINATHAN, J.

SKM