WP(C) NO. 7107 OF 2025 1 2025:KER:30414 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 WP(C) NO. 7107 OF 2025 PETITIONER: SUFEERA, AGED 37 YEARS S/O. ABBAS, VALIYAKATH HOUSE, P.O. KAIPAMANGALAM, THRISSUR DIST., PIN - 680681 BY ADVS. M.SHAJU PURUSHOTHAMAN K.S.RAJESH AJAYAKUMAR K.G. RESPONDENT/S: 1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, SOUTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI, INDIA, PIN - 110004 2 THE PASSPORT ISSUING AUTHORITY, REGIONAL PASSPORT OFFICE, KOCHI, PIN - 682036 SRI.C.DINESH (DSGI INCHARGE) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7107 OF 2025 2 2025:KER:30414 JUDGMENT The petitioner has approached this Court being aggrieved by the fact that the 2nd respondent is insisting for a divorce decree in order to indicate the marital status of the petitioner as ‘Divorced’ in her passport. It is the case of the petitioner that she was divorced by pronouncement of Talaq more than a decade ago and, as per the personal law applicable to the petitioner, the same constitutes a valid divorce. It is submitted that the 2nd respondent cannot insist for a decree of divorce ignoring the personal law applicable to the parties. 2. The learned Deputy Solicitor General of India appearing for the respondents would submit that if the petitioner were to produce a declaration in such form and manner as may be prescribed by the 2nd respondent, the passport application of the petitioner can be processed in accordance with the terms of the declaration. In other words, it is submitted that the petitioner were to file a declaration, that she has been legally divorced from her husband in such form and manner as may be required by the 2nd respondent, the steps for re-issue of the passport of the petitioner can be taken also taking note of such declaration. 3. Having heard the learned counsel for the petitioner WP(C) NO. 7107 OF 2025 3 2025:KER:30414 and the Deputy Solicitor General of India (in charge) appearing for the respondents, this Writ Petition will stand disposed of directing that if the petitioner were to submit a declaration in such form and manner as may be required by the 2nd respondent, declaring that she has been divorced in accordance with the law and produces any document in support of the same before the 2nd respondent, the passport application of the petitioner shall be processed taking note of such declaration and in accordance with the law. This Writ Petition is thus disposed of. sd/- GOPINATH P. JUDGE Nsd WP(C) NO. 7107 OF 2025 4 2025:KER:30414 APPENDIX OF WP(C) 7107/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PASSPORT OF THE PETITIONER DT. 24.2.2016 Exhibit P 2 THE TRUE COPY OF THE TALAQ CERTIFICATE ISSUED BY THE PUTHENPALLY MAHALLU COMMITTEE SECRETARY,KAIPAMANGALAM DT. 28.10.2016 Exhibit P3 THE TRUE COPY OF THE PASSPORT APPLICATION FORM DT.23.1.25 Exhibit P4 THE TRUE COPY OF THE ONLINE APPLICATION RECEIPT CONTAINING THE ENDORSEMENT BY THE PASSPORT AUTHORITY DT.23.1.25