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2026 DAILYLAW 40671 (KAR)

SMT. VIJAYALAKSHMI B v. THE UNION OF INDIA

WP/19683/2026 · 2026-09-16

C M Poonacha

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010426832026 NC: 2026:KHC:50507 WP No. 19683 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 19683 OF 2026 (GM-PASS) BETWEEN: SMT. VIJAYALAKSHMI B D/O BALASUBRAMANIAN, AGED ABOUT 39 YEARS, V-204, MANTRI WEB CITY, NEAR SOUTHEREN ASIAN BIBLE COLLEGE HENNUR MAIN ROAD, KOTHANUR POST, BENGALURU - 560 077. …PETITIONER (BY SRI. ASHOK KUMAR H.V, ADVOCATE) AND: 1. THE UNION OF INDIA REP. BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIR, JAWAHARLAL NEHRU BHAWAN, 23-D, JANPATH, NEW DELHI, INDIA - 110 001. 2. REGIONAL PASSPORT OFFICE, 80 FEET ROAD, KORAMANGALA 8TH BLOCK, KORAMANGALA, BENGALURU, KARNATAKA - 560 095. …RESPONDENTS (BY SRI. SWAMINI GANESH MOHANAMBAL, ADVOCATE FOR R1 AND R2) - 2 - HC-KAR CNR: KAHC010426832026 NC: 2026:KHC:50507 WP No. 19683 of 2026 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE AN APPROPRIATE WRIT MORE PARTICULARLY ONE IN THE NATURE OF WRIT OF MANDAMUS DECLARING THE ACTION OF THE RESPONDENTS HEREIN IN ISSUING THE PASSPORT OF THE MINOR CHILDREN, AS ILLEGAL AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed seeking for the following reliefs: "a) Issue an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in not issuing the passport of the minor children as illegal. b) Consequently direct the Respondent No.2 to consider, dispose of the applications dated 23.03.2026 in File No.BN2076789903726 and File No.BN2076789647226 i.e. Annexure D & D1 submitted by the Petitioner on behalf of the minor children, namely Master Dharun Abhilash and Kumari. Diyaashini, for renewal of their passports forthwith in accordance with law, without insisting upon the consent or signature of the said application. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 3 - HC-KAR CNR: KAHC010426832026 NC: 2026:KHC:50507 WP No. 19683 of 2026 c) Pass such other order or orders as this Hon'ble Court may deem fit, proper and necessary in the facts and circumstances of the case in the interest of justice and equity." 2. The relevant factual matrix, in a nutshell, is that the matrimonial relationship between the petitioner and Sri. Yogesh Kumar came to an end by a decree of divorce, vide order dated 06.11.2023 passed in HMOP No.233 of 2023 by the Court of the Sub-Judge, Tirumangalam. 3. The petitioner has made applications for renewal of the passports of her children, namely, Master Darul Abilash and Kumari Diyashini, who were born out of the said matrimonial relationship. The present writ petition is filed seeking a direction to the respondents to consider the said applications. 4. It is the contention of learned Counsel for the petitioner that the authorities insisted upon the signature of the father of the children and, consequently, the applications for renewal of the passports have not been acted upon. The applications dated 23.03.2026 are produced as Annexures-D and D1 to the writ petition. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 4 - HC-KAR CNR: KAHC010426832026 NC: 2026:KHC:50507 WP No. 19683 of 2026 5. Learned Central Government Standing Counsel appearing for the respondents submits that the name of the father of the children has not been mentioned in the applications and, therefore, the said applications have not been acted upon, particularly in the absence of any specific direction in the decree of divorce dated 06.11.2023 excluding the name of the father of the children qua either the guardianship or the custody of the children are concerned. 6. It is further submitted on behalf of the respondents that the applications have been made for renewal of the passports and that the same would be considered by incorporating the name of the father of the children, since the passports were earlier issued with the name of the father being shown therein, and for the said purpose the signature of the father would be required. 7. Learned Counsel for the petitioner submits that the petitioner has no objection for the applications being considered in the aforesaid manner, i.e., with the name of the father, notwithstanding the fact that the name of the father has not been mentioned in the applications dated 23.03.2026. Further, Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 5 - HC-KAR CNR: KAHC010426832026 NC: 2026:KHC:50507 WP No. 19683 of 2026 the petitioner also has no objection for the passports in question to be renewed with the name of the father. 8. Accordingly, the second respondent shall consider the application dated 23.03.2026 by also including the name of the father of the children. In the event, the Respondent no. 2 requires the signature of the father to process the applications, it shall be open to the petitioner, to either furnish the signature of the father of the children or to avail such remedies under law and in the event the petitioner is not able to secure the said signature. 9. The writ petition is disposed of in the aforementioned terms. (C.M. POONACHA) JUDGE VN List No.: 1 Sl No.: 68 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA