Aradhya Thakur vs Union Of India And Others
2023 Latest Caselaw 16479 P&H

                                                    Neutral Citation No:=2023:PHHC:124223




CWP-18113-2023                      -1-              2023:PHHC:124223

102    IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                                          CWP-18113-2023
                                          Date of Decision:21.09.2023

ARADHYA THAKUR                                            ......... Petitioner

                                    Versus

UNION OF INDIA AND OTHERS                                 ..... Respondents

CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present :   Mr. Dixit Garg, Advocate
            for the petitioner.

            Mr. Ankur Sharma, Senior Panel Counsel
            for the respondents- UOI.

                   ****

JAGMOHAN BANSAL, J. (Oral)

1. The petitioner through instant petition under Articles

226/227 of the Constitution of India is seeking direction to respondent

No.3 to issue her passport.

2. The petitioner is a minor child. She is staying with her

mother. Father of the petitioner filed petition under Section 13 of Hindu

Marriage Act, 1955 seeking divorce. The Family Court vide ex-parte

judgment dated 18.10.2022 has ordered to dissolve the marriage and

father of the petitioner has been granted divorce. Father of the petitioner

has filed petition under Section 7 of Guardians and Wards Act, 1890

seeking custody of the petitioner. The petitioner through her mother has

filed application before passport authority seeking passport. The mother

of the petitioner has filed Annexure-C alongwith application.

3. Learned counsel for the petitioner inter alia contends that as

per instructions issued by respondent, an application can be filed by

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Neutral Citation No:=2023:PHHC:124223

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single parent provided Annexure-C is filed alongwith the application. The

mother of the petitioner has already filed Annexure-C alongwith

application, thus, petitioner is entitled to passport.

4. Learned counsel for the respondents- UOI submits that

application of the petitioner has been returned and if petitioner files fresh

application, it would be decided considering the instructions issued by

Central Government as well as order dated 28.02.2023 passed by this

Court in CWP No.24123 of 2023.

5. Learned counsel for the petitioner agrees with aforesaid

arrangement.

6. In the wake of statements of both sides, the petition stands

disposed of.

                                                 ( JAGMOHAN BANSAL )
                                                        JUDGE
21.09.2023
Ali
                     Whether speaking/reasoned    Yes/No

                         Whether Reportable       Yes/No

Neutral Citation No:=2023:PHHC:124223

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