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2025 DAILYLAW 170450 (MAD)

M.Anbarasi v. N.Elango

A/4657/2025 · 2025-11-05

P Dhanabal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

A. No.4657 of 2025 in O.P No.169 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.11.2025 CORAM : THE HONOURABLE MR.JUSTICE P.DHANABAL A NO.4657 of 2025 IN OP NO. 169 OF 2025 M. Anbarasi D/o. P. Muthukrishnan .... Applicant / Petitioner Vs N. Elango S/o. Nagasundaram .... Respondent / Respondent PRAYER: Application filed under Order XIV, Rule 8 of Original Side Rules read with Section 151 of Civil Procedure Code pryaing to direct the respondent to sign necessary applications and cause his appearance before the appropriate Authorities to facilitate the renewal of the passports of the minor children Lakshmi Dhitya.E holding British Passport No.121343385 and Aazhiyan holding British Passport No.121606362 to be applied by the applicant / respondent as a parent who is having the custody of the children. Page No.1 of 7 https://www.mhc.tn.gov.in/judis A. No.4657 of 2025 in O.P No.169 of 2025 For Applicant(s) : Mrs. K. Sumathi For Respondent(s) : Notice served - No appearance. ORDER This application has been filed by the applicant to direct the respondent to sign necessary applications and cause his appearance before the appropriate Authorities for the renewal of passports of the minor children Lakshmi Dhitya.E holding British Passport No.121343385 and Aazhiyan holding British Passport No.121606362 to be applied by the applicant / respondent as a parent who is having the custody of the children. 2. The learned counsel appearing for the applicant would submit that the applicant is the petitioner and she filed the main original petition for Page No.2 of 7 https://www.mhc.tn.gov.in/judis A. No.4657 of 2025 in O.P No.169 of 2025 appointment of guardian and for the custody of the minor children. The marriage between the applicant and the respondent solemnized on 06.12.2013 at Kovilambakkam and the same was also registered on 09.12.2013. Out of wedlock, two children namely Lakshmi Dhitya.E and Aazhiyan born to them and both the children are under the custody of the applicant. The children are British citizens and they hold an Overseas Citizenship of India (OCI). Already the applicant sent emails dated 28.06.2025 and 06.09.2025 to the respondent, who is the father of the minor children requesting his co- operation to apply for the renewal of Brithish passports. Despite receiving the above emails, he has not responded to the same. He has not cared to meet the children at all ever since he left India and went to UK. Therefore, it is imperative that the passports will have to be renewed as otherwise their stay in India and their travel to UK or any other place cannot happen. The children are holding the British passports No.121343385 and 121606362 issued by the United Kingdom of Great Britain and Northern Ireland. Page No.3 of 7 https://www.mhc.tn.gov.in/judis A. No.4657 of 2025 in O.P No.169 of 2025 Therefore, unless this Court directs the respondent to sign necessary applications and cause his appearance before the appropriate authorities for the renewal of the passports of the minor children to be applied by the applicant / petitioner as a parent, she will be put irreparable loss and damages. Therefore, filed this application. 3. This Court issued notice to the other side. Notice has not been served in India and another notice served through email. After receipt of email in respect of the pendency of this application, the respondent has not appeared either through his counsel or in person. 4. This Court heard applicant's side and perused the materials. 5. According to the applicant, the children namely Lakshmi Dhitya.E and Aazhiyan have British passports and the same have to be renewed. For renewal purpose, signature of the respondent is necessary. Already an email Page No.4 of 7 https://www.mhc.tn.gov.in/judis A. No.4657 of 2025 in O.P No.169 of 2025 was sent to the respondent, who is in United Kingdom. After receipt of email, he has not taken any care. The applicant has produced the copy of the passports of the children and the passports already expired on 21.10.2025 and 27.10.2025 respectively. Therefore, it is appropriate to direct the respondent to co-operate for renewal of passports of the minor children. 6. Accordingly, this application is allowed. 05.11.2025 ]1/2] mjs Page No.5 of 7 https://www.mhc.tn.gov.in/judis A. No.4657 of 2025 in O.P No.169 of 2025 P.DHANABAL.,J mjs A NO.4657 of 2025 IN OP NO. 169 OF 2025 Page No.6 of 7 https://www.mhc.tn.gov.in/judis A. No.4657 of 2025 in O.P No.169 of 2025 05.11.2025 [1/2] Page No.7 of 7 https://www.mhc.tn.gov.in/judis