RAKESH KUMAR JAIN,J. - (1.) The petitioner was born on 18.08.1990. The biological parents of the petitioner are S.M. Arora and Nirmal Arora. His sister Gurpreet was born on 10.01.1988. The marriage of his natural parents was dissolved by a decree of divorce in the year 1996 in HMA No.843/92 by the Court of Additional District Judge, Delhi and custody of both the children were handed over to their mother Nirmal Arora, who re-married Ujjal Singh on 13.02.1997 and got their marriage registered with the Registrar of Marriages, Panipat. At the time of re-marriage of his mother, the petitioner was about 7 years of age and his elder sister was about 9 years of age, who have been brought up by their mother and step-father Ujjal Singh, whose name is recorded as father of the petitioner in the Ration Card, Adhar Card, PAN card, Voter Identity card, School Certificate and even in the Passport No.F3149729 of her sister Gurpreet. The petitioner also applied for passport with the father's name of his step-father but he has been informed that it can be issued in the name of his biological father in view of Para 4.4 of Chapter 8 of the Passport Manual Act, 2010 (hereinafter referred to as the "Act"). The petitioner has, thus, filed this petition seeking a mandamus declaring the action of the respondents as illegal in not issuing him passport in the name of his step-father Ujjal Singh.
(2.) Counsel for the petitioner has submitted that the petitioner is the son of Ujjal Singh, which is recorded in various other government records and if the name of his biological father is mentioned in the passport, as being insisted upon by the passport authority, then it would create a lot of confusion especially when his real elder sister is already holding the passport bearing the name of his step-father Ujjal Singh and not the biological father S.M. Arora. It is also submitted that at the time of divorce, the biological father handed over his custody to his mother and snapped all his relations with the petitioner about his maintenance, education and other necessities of life including visitation rights. It is further submitted that for all intents and purposes, the step-father of the petitioner is his legal guardian though he has not been so appointed by the Court because it was never found necessary, therefore, Para 4.4 of Chapter 8 of the Act, relied upon by the respondents may be read down in favour of the petitioner considering Ujjal Singh, his step-father, as his legal guardian in the given facts and circumstances. In support of his submission, he has relied upon a decision of the Delhi High Court in the case of Shalu Nigam & Anr. vs. The Regional Passport Officer & Anr., W.P. (C) No.155/2016, decided on 17.05.2016 and a judgment of this Court in the case of Prerna Katia vs. Regional Passport Office Chandigarh and another, CWP No.26805 of 2015, decided on 05.08.2016.
(3.) On the other hand, learned counsel for the respondents has only relied upon the provisions of Para 4.4 of Chapter 8 of the Act and contended that the respondents had no objection if the petitioner obtains an order from the Court appointing his step-father Ujjal Singh as his legal guardian. I have heard learned counsel for the parties and examined the available record with their able assistance. There is no dispute that the petitioner is the natural born son of S.M. Arora and Nirmal Arora and has an elder sister Gurpreet. The marriage of his parents was dissolved by the decree of divorce in 1996 and he was given in custody to his mother. The mother re-married on 13.02.1997 with Ujjal Singh when the petitioner and his elder sister were both of tender age. They have been looked after by their step-father Ujjal Singh, who has been recorded as his father in various government records like Ration Card, Adhar Card, PAN card and School Certificates etc. Elder sister of the petitioner has already got a passport in which Ujjal Singh has been mentioned as her father. The only difficulty being faced by the petitioner is because of Para 4.4 of Chapter 8 of the Act, which provides as under:- "4.4) In the event of re-marriage after divorce, the name of step- father/step-mother cannot be written in the passport of children from the previous marriage. The relationship of the child to his biological parents subsists, even after divorce by parents. It is also not possible to leave the column of father or mother blank in the passport in such cases. Therefore, such applicants must write the names of their biological parents in the application form. However, if the step-father or step-mother is appointed by a Court as legal guardian, the name of such a step-parent can be written as legal guardian." ;