- 1 - HC-KAR NC: 2025:KHC:48402 WP No. 9615 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 9615 OF 2022 (GM-PASS) BETWEEN: 1. SMT SHWETHA MAHADEV PRASAD W/O NATARAJ S AGED 36 YEARS R/A NO 239, 5TH MAIN ROAD ASHWAMEDH COLONY BOGADI, MYSURU 570026 &PETITIONER (BY SRI. PRINCE ISAC,ADVOCATE) AND: 1. UNION OF INDIA BY ITS SECRETARY MINISTRY OF EXTERNAL AFFAIRS 23D D JANATHP ROAD RAJPATH AREA CENTRAL SECRETARTIAT NEW DELHI 110001 2. OFFICE OF THE CHIEF PASSPORT OFFICER (CPO) PSP DIVISON MINSITRY OF EXTERNLA AFFAIRS ROOM NO 8, PATIALA HOUSE TILAK MARG, NEW DELHI 110001 Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48402 WP No. 9615 of 2022 3. REGIONAL PASSPORT OFFICE 8TH BLOCK, 80 FEET ROAD KORAMANGALA BENGALURU 560095 &RESPONDENTS (BY SRI. KUMAR M N.,CGSC ) THIS WP UNDER ARTICLES 226 AND 227 OF THE COSNTITUTION OF INDIA IS FILED PRAYING TO DIRECT THE RESPONDENTS TO PROCESS THE PASSPORT APPLICATIONS APPLIED AS PER ANNEXURE-A AND ISSUE THE PASSPORT FORTHWITH IN TERMS OF ANNEXURE-G GUIDELINES/INSTRUCTIONS AND DIN CONSIDERATION OF ANNEXURE-C OF THE GUIDELINES OF THE PASSPORT APPLICATION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this writ petition, the petitioner has sought for a direction to the respondents to process the passport application applied by the petitioner as per Annexure-A in terms of the guidelines at Annexure-G to the writ petition. 3. Having taken note of the submission made by the learned counsel appearing for the parties, the petitioner has - 3 - HC-KAR NC: 2025:KHC:48402 WP No. 9615 of 2022 sought for issuance of passport in respect of her minor son who is six years old as per the application at Annexure-C to the writ petition. 4. In this regard, it is also not in dispute that M.C.No.360/2022 is pending consideration before the Principal Judge, Family Court at Mysuru between the petitioner and her husband. 5. In that view of the matter, consideration of the representation, at this stage, does not arise unless the petitioner has to approach the competent passport authority seeking issuance of the passport in respect of her child as per Chapter-9 of the Passport Manual. 6. In this regard, it is relevant to extract paragraph 5 of the counter affidavit, by the respondent No.3, which reads as follows: "5. I state that, the Ministry of External Affairs, Government of India, issues instructions from time to time on the modalities and documentation required for various categories of Passport applications. The instructions are conveyed by way of circulars or as instructions contained in the Passport Manual. As per the instructions contained in the Passport Manual to issue passports to minor children of divorced or separated parents is elucidated in Chapter 9 of the Manual and the relevant portion is reproduced here under: Children of Divorced Parents: - 4 - HC-KAR NC: 2025:KHC:48402 WP No. 9615 of 2022 Application from divorced parents for issue of passports to their minor children has to be processed with care and diligence. Whereas the divorce of parents does not result in severance of the relation between the child and the parent, unless the parent has legally disowned the child, the child's right to have a passport and travel document cannot be denied on such grounds. Children also have a fundamental right to travel and the other parent cannot willfully prevent them from travelling abroad. These realities have been taken into account while processing application for passports from children in the custody of single parents. A court decree granting divorce would normally award custody of the minor child/children to either parent. The PIA must ensure that that the application for the minor's passport is entertained only from such parent who has been granted custody by the court. While doing so, the PIA must also satisfy himself that the period of limitation for appeal against such decree has expired before issuing the passport. PIA must also ensure that if the other parent has visitation rights or other rights on the child as per court order, the consent of the other parent is also furnished. However, in rare case where one of the parents willfully refuses to given consent or inordinately delays consent or objects in writing to the PIA against issue of passports to his/her children residing with other parent without any cogent reason and thus denying the fundamental right of the children to travel, passport may be issued to the child/children, after obtaining an affidavit in the form of Annexure-C obtained from the parent having the custody of the children, stating that the other parent is willfully denying or not granting permission for Issue of passports of the children. should be informed in writing in advance by The other parent the PIA of the proposed issue of passport to the children at the request of the parent who is having the custody of the children. It will then be the responsibility of the other parent to approach the courts for suitable redressal. Divorce Pending Cases: In case divorce is still pending before the court, the PIA shall insist on consent of both the parents. Alternatively, - 5 - HC-KAR NC: 2025:KHC:48402 WP No. 9615 of 2022 the applicant's parent should furnish or obtain permission from the court to apply for passport for the child without the consent of the other parent of the child. In pending divorce cases, where the single parent with child is already working/staying abroad, the child requires a passport for its continued stay abroad. In such a situation, the Mission/Post abroad may issue a two-year short validity passport to the child, at a time, pending court permission for issue of regular passport or direction for custody of the child." 7. On careful consideration of Chapter-9 of the Passport Manual, since the matrimonial petition is pending consideration before the competent court as stated above, seeking direction at this stage by the petitioner does not arise. 8. With these observations, the writ petition stands dismissed. SD/- (E.S.INDIRESH) JUDGE HR