1 2025:CGHC:38621 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4159 of 2025 1 - Rivansh Dani (Minor) S/o Sourabh Agrawal, Aged About 8 Years Through Mother And Sole Guardian Priyanka Dani, D/o Shri Satish Dani, Aged About 38 Years, Both R/o C-13, Sector-2, Avanti Vihar, Raipur, Tehsil And District Raipur (Chhattisgarh) ... Petitioner(s) versus 1 - Union Of India Through Secretary, Ministry Of External Affairs, Address At So (Db), 74b South Block, New Delhi 2 - Regional Passport Officer, Address At Regional Passport Office, 1st Floor Commercial Complex, Sector-4, Pandit Deendayal Uppadhyaya Nagar, Raipur (Chhattisgarh) 3 - Director/ Authorised Signatory, Passport Sewa Kendra, Shyam Plaza, Unit S-5, 2nd Floor, Opposite Old Bus Stand, Pandri, Raipur, Tehsil And District Raipur (Chhattisgarh) ... Respondent(s) For Petitioner(s) : Mr. Ankur Agrawal, Advocate For Respondent(s) : Ms. Shweta Rai, CGC on behalf of Mr. Ramakant Mishra, DSGI Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 05/08/2025 1. By way of the present petition, the petitioner has prayed for the following reliefs: 2 “10.1 A writ and/or an order in the nature of writ of mandamus do issue calling the relevant records from the court below pertaining to the case of the petitioner for its kind perusal. 10.2 A writ and/or an order in the nature of appropriate writ do issue direction tot he respondent authorities to reopen the petitioner’s file bearing Passport Application No. RP1078736537423 and issue passport to the petitioner within specific time. 10.3 Cost of the proceedings. 10.4 Any other writs and directions that may be deemed fit and just in the facts and circumstances of case.” 2. Learned counsel appearing for the petitioner submits that the petitioner seek to challenge the action in part of respondent authority where the respondent authority denied to issue passport to the petitioner as the consent from father of the petitioner is mandatory whereas exclusive custody of the petitioner was handed to the mother by the Family Court vide order dated 20.06.2023 passed in Case No. RCS HM/1086/2022 and the matters incidental thereto. 3. On the other hand, counsel appearing for respondent no. 2 opposes the contention of the counsel for the petitioner and would argue that though the marriage between the father and mother of the petitioner has already been dissolved and custody of the child has been handed over to the 3 mother of the petitioner but the consent of the father is necessary. He would further submit that in special cases of the minor’s passport, in the condition of the single divorced parent with exclusive custody of the child without visitation rights for the other parent, the question of obtaining the consent of the other parent would normally not arise. However, in the Order passed by the Family Court dated 20.06.2023 there is no whisper with regard to visitation rights. He would also submit that in the absence of consent from the father of the ward, the passport cannot be issued. 4. I have heard learned counsel for the respective parties at length and perused the record with utmost circumspection. 5. Guidelines have been issued by the respondent authorities vide Annexure P/8, relevant para is as under: 4.7 “Where the custody of the child has been given exclusively to either parent without any visitation rights to the other parent the question of obtaining consent of the other parent would normally not arise. A certified copy of the court order has to be submitted with the application and Annexure ‘C’ signed by the single parent.” 6. It is not in dispute that the marriage between the father and mother of the petitioner has been dissolved. The custody of the child has been handed over to the mother. There is no whisper with regard to visitation rights in the order passed by the learned Family Court. The Guidelines issued by the department also say that “Where the custody of the child has been given exclusively to either parent without any visitation rights to the 4 other parent the question of obtaining consent of the other parent would normally not arise. A certified copy of the court order has to be submitted with the application and Annexure ‘C’ signed by the single parent.” 7. Taking into consideration the above-stated facts, this petition is disposed of with a direction to the petitioner to file a fresh application and respondent no. 2/Regional Passport Officer to consider the subject application for the passport without insisting upon the mother of the petitioner to obtain the consent of the father of the ward. Respondent no. 2/Regional Passport Officer is directed to take an appropriate decision within a period of six weeks from the date of presentation of a copy of this Order. Sd/- (Arvind Kumar Verma) JUDGE Madhurima