CHAITANYA S.NAIR Vs. UNION OF INDIA

JUDGEMENT

(1.) 'We worry about what a child will become tomorrow, yet we forget that he is someone today'. The above words of Stacia Tauscher, an Irish artist can give insight, while resolving the issue that arises for consideration in this case.

(2.) Petitioner is a minor girl who has approached this Court seeking a direction for issuing a passport to her without insisting on the consent from her biological father. She also seeks directions to issue the passport to her, including details of her stepfather.

(3.) The parents of the petitioner dissolved their marriage by mutual consent through a compromise decree from the Family Court, Ernakulam. Despite the mother of the petitioner being an American citizen, she was appointed as the legal guardian, with visitorial rights given to the father, subject to the mutual convenience of parties. After the dissolution of marriage, petitioner's mother remarried and she intends to take the petitioner abroad to live along with her. For the said purpose, when an application for obtaining a passport was submitted, the passport issuing authority - second respondent, insisted on the consent/permission from petitioner's biological father and refused to accept the application, without the said consent. According to the petitioner, her parents had been living apart since 2011, and in such circumstances, compelling the petitioner to produce the consent of the biological father is not legally required. An additional affidavit has been filed by the mother of the petitioner stating that petitioner was born on 6/12/2011 at Adoor in Kerala and that petitioner possesses an Aadhar Card also. It is asserted that petitioner is an Indian citizen by birth. Petitioner has also pleaded that her mother, though a citizen of United States, has been registered as an Overseas Citizen of India.