- 1 - HC-KAR NC: 2025:KHC:38399 WP No. 28105 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 28105 OF 2025 (GM-PASS) BETWEEN: SMT SAMEENA TAJ W/O SAIF ULLA SHARIFF AGED ABOUT 36 YEARS, MOTHER/NATURAL GUARDIAN OF MINOR GIRL CHILD AYZAL MARYAM AGED ABOUT 4 YEARS R/AT NO.1113 5TH CROSS TRIVENI ROAD K N EXTENSION YESHWANTHAPURA BENGALURU 560022 KARNATAKA …PETITIONER (BY MS. CHANDINI G.S., ADVOCATE FOR MR. SUBBA RAO G S., ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS 74B SOUTH BLOCK NEW DELHI 110011 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38399 WP No. 28105 of 2025 REPRESENTED BY ITS SECRETARY 2. THE REGIONAL PASSPORT OPFFICER 8TH BLOCK 80 FT ROAD KOARMANAGALA BENGALURU 560095 KARNATAKA …RESPONDENTS (BY SRI. SHANTHI BHUSHAN H., DSGI A/W SMT. RESHMA K. T, CGSC) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT OR ORDER TO THE R-2 TO ISSUE PASSPORT TO THE MINOR GIRL CHILD, AYZAL MARYAM PRESENTLY AGED ABOUT 4 YEARS WITHOUT INSISTING THE CONSENT OR SIGNATURES OF THE FATHER AS PER APPLICATION REFERENCE NUMBER (ARN) 25- 1060881521 DTD. 08.09.2025 AS PRODUCED AT ANNX-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:38399 WP No. 28105 of 2025 ORAL ORDER The short question for consideration is: whether there must be a direction to the second respondent to consider the petitioner’s application for issuance of passport to a minor daughter [who is aged 4 years] without insisting upon the consent of the minor’s father. Ms. Chandini G. S, the learned counsel for the petitioner, submits this Court's intervention for direction as aforesaid is sought because the petitioner and the minor’s father [who were married only for two months] are estranged and that though the petitioner has not initiated any proceedings for separation, she has filed a first information with the jurisdictional police. Ms. Reshma K. T, the learned Central Government Standing Counsel, submits that because - 4 - HC-KAR NC: 2025:KHC:38399 WP No. 28105 of 2025 there are no divorce proceedings pending or any proceedings relating to the custody of the minor, if the petitioner files an application along with an affidavit in the prescribed form called 'Affidavit C', the second respondent will process the application which would essentially entail verifying from the minor’s father on whether he could consent. In fact, when queried, Ms. Reshma K. T is categorical that the application will be processed subject to production of 'Affidavit C' and a decision taken considering that there are no pending proceedings. This Court is of the view that the petition must be disposed of in the light of this stand with liberty to the petitioner to file 'Affidavit C' calling upon the second respondent to process the same and communicate the decision on such application if the petitioner files the afore affidavit along with a certified copy of this order within four [4] weeks from the date of receipt of such order. - 5 - HC-KAR NC: 2025:KHC:38399 WP No. 28105 of 2025 The petition stands disposed of with the directions as aforesaid. Sd/- (B M SHYAM PRASAD) JUDGE RB