- 1 - HC-KAR NC: 2025:KHC:53858 WP No. 32867 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 32867 OF 2025 (GM-PASS) BETWEEN: 1. MASTER YASHAS P GOWDA AGED ABOUT 09 YEARS, C/O ROOPA N, R/AT NO.13, YASHAS NILAYA, 8TH CROSS, AMBABHAVANI LAYOUT, DODDABETTAHALLI, BANGALORE NORTH, VIDYARANYAPURA P.O., BENGALURU - 560 097 REPRESENTED BY HIS MOTHER/NATURAL GUARDIAN SMT. ROOPA N …PETITIONER (BY SRI. TIGADI VEERANNA GADIGEPPA, ADVOCATE) AND: 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, 74 B, SOUTH BLOCK, NEW DELHI - 110 001 2. THE REGIONAL PASSPORT OFFICER, 8TH BLOCK, 80 FEET ROAD, KORAMANGALA, BENGALURU-560095 …RESPONDENTS (VIDE ORDER DATED 06.11.2025 BY SMT. RESHMA K. THAMMAIAH, ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53858 WP No. 32867 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.2 TO ISSUE PASS FILE PORT TO THE PETITIONER BEARING APPLICATION NO.BN1065126524925 DATED 04.06.2025 WITHOUT ANY UNDUE OF DELAY AND FURTHER WITHOUT INSISTING TO MENTION THE NAME OF HIS FATHER OR HIS PRESENCE AND HIS SIGNATURE IN ANY OF THE FORMS WHICH IS PRODUCED AND MARKED AS ANNEXURE-K OF THIS WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The mother of the petitioner is before this Court seeking for the following reliefs: i) Issue Writ of Mandamus by directing the Respondent No.2 to issue port to the Petitioner bearing Application File No.BN1065126524925 dated 04.06.2025 without any undue of delay and further without insisting to mention the name of his father or his presence and his signature in any of the forms which is produced and marked as ANNEXURE-"K" of this Writ Petition. ii) Issue any other Writ or Order or Direction that deems fit to grant in the circumstances of the case in the interest of justice. 2. The grievance of the petitioner is that the application made by the petitioner for issuing of a passport to enable the petitioner to travel on a holiday to Malaysia has not been considered by respondent No.2 and in that - 3 - HC-KAR NC: 2025:KHC:53858 WP No. 32867 of 2025 background that the petitioner has sought for the aforesaid relief. 3. Mrs. Reshma K Thammaiah, learned counsel for the respondent would submit that there being a divorce which has happened between the father and mother of the petitioner, the said divorce decree does not indicate as to who is in custody of the petitioner and therefore the requirement of Annexure C or Annexure D have not been satisfied and it is in that background that apprehending that the father may object to the passport being issued to the petitioner minor that the said application has not been processed. 4. A perusal of the decree of divorce in MC No.1081/2021 passed on 25.09.2023 indicates that the same is an ex parte decree. The respondent father, despite having been served in the matter did not appear in those proceedings. One of the grounds which has been raised in the said proceedings is that the respondent father had virtually abandoned the wife and the child and considering all those aspects, the decree of divorce had been granted. - 4 - HC-KAR NC: 2025:KHC:53858 WP No. 32867 of 2025 Though the said proceedings does not indicate anything as regards the custody of the child, the judgment indicates that the petitioner is living with his mother and that the mother has been taking care of the petitioner. In that view of the matter, I am of the considered opinion that the father not responding either in the divorce proceedings or furnishing any documents and agreeing for issue of passport as regard to petitioner ought not to come in the way of the petitioner being issued a passport so as to enable him to travel, which is a right under Article 21 of the Constitution of India. 5. Learned counsel for the petitioner at this stage submits that the petitioner would furnish such undertaking and affidavit as may be required so as to satisfy the requirement of Annexure C and in that view of the matter learned counsel for the respondent submits that if such undertaking is permitted the application will be processed and a passport will be issued to the petitioner. In that view of the matter, I pass the following order. - 5 - HC-KAR NC: 2025:KHC:53858 WP No. 32867 of 2025 ORDER (i) The writ petition is allowed. (ii) Respondent No.2 is directed to issue a passport to the petitioner upon the mother of the petitioner furnishing undertaking and affidavit in the form as required under Annexure C of the Passport Rules, 1980. SD/- (SURAJ GOVINDARAJ) JUDGE YKL List No.: 1 Sl No.: 43