- 1 - HC-KAR NC: 2025:KHC:54622 WP No. 36859 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 36859 OF 2025 (GM-PASS) BETWEEN: 1. SMT. SURBHI GUPTA D/O SUNIL BHARGAVA AGE ABOUT 40 YEARS 2. KUM. NAVIKA GUPTA D/O SHRI GAURAV GUPTA, AGED ABOUT 10 YEARS, REP. BY PETITIONER NO. 1, REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN BOTH R/AT DOOR NO.831, TRANQUIL Q, BRIGADE CORNERSTONE UTOPIA, VARTHUR, BANGALORE-560087 …PETITIONERS (BY SMT. SAKSHI M KRISHNA, ADVOCATE) AND: 1. UNION OF INDIA MINISTRY OF EXTERNAL AFFAIRS, THROUGH ITS SECRETARY, SOUTH BLOCK, NEW DELHI-110011 2. REGIONAL PASSPORT OFFICER REGIONAL PASSPORT OFFICE, O/AT 8TH BLOCK, 8TH FEET ROAD, KORAMANGALA, BENGALURU-560 095 3. SHRI GAURAV GUPTA S/O SHRI MAHESH GUPTA, AGED ABOUT 40 YEARS, R/AT E-212, PRABHA MANDIR, SUSHANT LOK - SHIVAJI NAGAR-57, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54622 WP No. 36859 of 2025 HALDIRAM MARKET ROAD, GURUGRAM, HARYANA - 122 001 …RESPONDENTS (BY SRI. AJAY PRABHU M, ADVOCATE FOR R1 & R2; V/O DTD: 10.12.2025 NOTICE TO R3 IS DEFERRED FOR NOW) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING RESPONDENT NO.2 TO PROCESS AND ISSUE THE PASSPORT OF PETITIONER NO. 2 WITHOUT INSISTING UPON THE CONSENT OR NO-OBJECTION CERTIFICATE OF RESPONDENT NO. 3, IN THE LIGHT OF THE DECREE/ORDER DATED 01.04.2025 IN CASE NUMBER 99/20 WITH CIS NUMBER 1001/17 ON THE FILE OF THE COURT OF FAMILY COURT, SR. NO. 3, JAIPUR, FIRST METROPOLITAN JUDGE AND/OR (ANNEXURE-B) AND ETC. 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 petitioners are before this Court seeking for the following reliefs: a. Issue an appropriate writ, order directing respondent no.2 to process and issue the passport of petitioner no. 2 without insisting upon the consent or no-objection certificate of respondent no. 3, in the light of the decree/order dated 01.04.2025 in case number 99/20 with CIS number 1001/17 on the file of the court of family court, sr. no. 3, Jaipur, first metropolitan judge and/or (Annexure-B). b. Issue an appropriate writ, order directing respondent no. 2 to process the appointment dt. 26/12/2025 made by petitioner no. 1 and reissue the passport to petitioner no. 2 (Annexure A). - 3 - HC-KAR NC: 2025:KHC:54622 WP No. 36859 of 2025 c. Grant such other consequential reliefs as this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case. 2. Petitioner No.1 and respondent No.3 are wife and husband, respectively, and from their wedlock, petitioner No.2 was born, who is now about 10 years old. The marriage of the petitioner No.1 and respondent No.3 has been dissolved by a decree of divorce by mutual consent under Section 13(b) of the Hindu Marriage Act on 02.05.2017, pursuant thereto, the petitioner No.2-daughter has been residing with petitioner No.1 in Bangalore. 3. The categorical submission made by the learned counsel for the petitioner is that, though under the decree of dicorce by mutual consent there are visitation rights provided to the husband/father, the father has never visited or exercised those rights since 2017. 4. Petitioner No.1, having made an application on behalf of petitioner No.2 for issuance of a passport, the said - 4 - HC-KAR NC: 2025:KHC:54622 WP No. 36859 of 2025 application was not considered by respondents on the ground that the requirement Annexure-C to the Passport Rules, 1980 have not been complied with, inasmuch as the signature of the father is not found on the application. 5. In the present matter, the petitioner has enclosed the decree of divorce along with the application, categorically stating that the petitioner No.1 and respondent No.3’s marriage has been dissolved by way of such decree. The only reason why the application was not processed by the respondent is on account of the said decree of divorce not categorically mentioning as to who would be in custody of minor-petitioner No.2 and without the signatures of respondent No.3 the said application of petitioner No.2 cannot be processed. 6. A perusal of the decree, though silent on custody would indicate that the petitioner No.1 and respondent No.3 are separated from 20.12.2016 - 5 - HC-KAR NC: 2025:KHC:54622 WP No. 36859 of 2025 from which date petitioner No.2-minor has been staying with a petitioner No.1-mother and in terms of the said decree a sum of Rs.51,00,000/- has been paid by respondent No.3-father which is to be retained in a fixed deposit in the name of petitioner No.2. 7. The categorical submission made on oath by petitioner No.1 is that though under the said decree, respondent No.3 would be entitled to meet the minor-petitioner No.2 once a month, on any day preferably Sunday convenient for her after giving prior notice to petitioner No.1. The submission made by learned counsel for the petitioner is the respondent No.3 has not exercised the said right from the year 2017 till date and despite several mails and WhatsApp messages having been sent to respondent No.3 as regards the issuance of passport and for No Objection on his part, there is no such document which has been submitted by respondent - 6 - HC-KAR NC: 2025:KHC:54622 WP No. 36859 of 2025 No.3 and in that background learned counsel for the petitioner submit that there is No Objection as such on part of respondent No.3 for issuance of the passport, when such correspondence has ensue. The categorical submission on the part of the petitioner and undertaking given is that petitioner No.1 shall comply with the visitation rights as contained in the decree of divorce aforesaid. 8. In that view of the matter, considering that an earlier passport has been issued to petitioner No.2 and now what has been sought for is for reissuance and there being no particular objections on part of respondent No.3, despite emails and WhatsApp messages having been sent the passport could be reissued in favour of petitioner No.2. As such, I pass the following; ORDER i. The writ petition is allowed. ii. Respondent No.2 is directed to process and issue the passport of petitioner No.2 based on - 7 - HC-KAR NC: 2025:KHC:54622 WP No. 36859 of 2025 the undertaking to be furnished by the petitioner No.1, that the petitioner No.1 shall comply with the visitation rights as contented in the decree of divorce dated 01.04.2025 in case No.99 of 2020 with CIS No.1001/2017 passed by the Family Court, Jaipur, First Metropolitan Judge and submit an Annexure-C on the basis of which the passport authorities could issue necessary notices to respondent No.3 and process the application. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 3