$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4676/2024 MAYANSH KADIAN .....Petitioner Through: Mr. C. Mohan Rao, Senior Advocate with Lokesh Kumar Sharma, Advocate. versus UNION OF INDIA & ANR. .....Respondents Through: Mr. Nidhi Raman CGSC with Mr. Akash Mishra, Advocate for R-1&2. CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 16.01.2026 1. The petitioner herein is a minor Indian citizen, born on 18.09.2017, and is represented through his mother. The petitioner’s mother claims to have exclusive custody of the petitioner pursuant to a settlement dated 22.07.2022. 2. The present petition has been filed seeking quashing of the communication dated 26.02.2024 issued by respondent no. 2, for direction to the respondents to renew Passport No. S2413630 and to issue a fresh passport to the petitioner. 3. The facts as revealed from the petition indicates that pursuant to the petitioner’s mother being selected for higher studies at Kent State University, Ohio, USA, the petitioner accompanied her and shifted to the United States of America on 02.08.2022. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/01/2026 at 12:26:25 4. However, the petitioner’s passport expired on 09.07.2025, and an application for renewal was filed on 26.06.2023. It is alleged that the father of the petitioner, i.e., respondent no. 3 objected to the renewal by filing complaints with respondent no. 2, asserting that custody proceedings were pending before a Court in Ohio, USA. Thereafter, the Ohio Court passed an ex parte emergency order dated 11.08.2023, thereby restraining the renewal of the petitioner’s passport. The said order was subsequently withdrawn on 16.02.2024, as reflected by the order of the even date annexed as Annexure P-18. 5. Subsequent to issuance of notice in the instant petition and during the pendency of the proceedings, the respondents filed a counter affidavit. In paragraph 14 of the said counter affidavit, it is categorically stated that the Consulate General of India, New York, issued a Short Validity Passport for a period of two years, bearing Passport No. Y7881700, valid from 02.05.2024 to 01.05.2026, to the petitioner in order to facilitate his admission to a local school/educational institution, pending the final adjudication. 6. During the course of hearing, learned senior counsel appearing for the petitioner sought to place reliance upon various documents to demonstrate that respondent No. 3, namely the father of the petitioner and the husband of the petitioner’s mother, has no concerned with the care, custody, or welfare of the petitioner, and accordingly prayed that this Court may reaffirm the said position. 7. I have heard learned counsel appearing for the parties and have perused the record. 8. On perusal of the communications exchanged between the respondent This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/01/2026 at 12:26:25 authority and the petitioner, it is seen that vide communication dated 26.02.2024, the Passport Section of the Consulate General of India, New York, USA, required the petitioner to furnish certain documents from the Indian authorities. In response thereto, the petitioner conveyed that she was in the process of obtaining the requisite documents. The aforesaid exchange of communications has been placed on record by way of Annexure B, which is extracted hereinbelow: “From:jphogat@kent.edu Thu,Feb29,2024 12:06PM Subject: Re: EXT: Re: Mayansh Kadian : 23-2002618232 To: Passport Section <passport.newyork@mea.gov.in>, Cc: Bijender Kumar <cons.newyork@mea.gov.in>, Varun Jeph <dcg.newyork@mea.gov.in> Thank you for the response, I am working on the document required. Regards, Jyoti From: Passport Section <passport.newyork@mea.gov.in> Date: Monday 26 February 2024 at 3:28 PM To: Jyoti,* <jphogat@kent.edu,> Cc: Bijender Kumar <cons.newyork@mea.gov.in>, Varun Jeph <dcg.newyork@mea.gov.in> Subject: Re: EXT: Re: Mayansh Kadian : 23-2002618232 Dear Applicant, Reference trail mail. The court papers proved by you are from OHIO court which are not suffice. In order to process your passport renewal application further this office will require the Final Judgement order from the Indian court. Also, a clearance from RPO Delhi is required in order to process the application further. You are therefore, required to provide the documents from the Indian authority. Regards Passport Section CGI, New YORK” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/01/2026 at 12:26:25 9. Thus, the petitioner’s mother has approached this Court seeking a reaffirmation from the Indian authorities that the petitioner is entitled to the renewal/issuance of a passport, and that respondent No. 3 has no concern whatsoever, with the petitioner in this regard. This relief in its present form, at this stage cannot be granted as the mother of the petitioner is completing the necessary formalities as required by the respondent authorities. However, in interregnum if the petitioner’s passport is expired, the respondent should renew the same as per law. 10. Needless to state, the dispute between the mother of the petitioner and Respondent No. 3 shall not be treated to be an impediment in the processing of such request by the respondent authorities. 11. With the aforesaid observations and directions, the petition stands disposed of. PURUSHAINDRA KUMAR KAURAV, J JANUARY 16, 2026/SH This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/01/2026 at 12:26:25