- 1 - HC-KAR NC: 2026:KHC:3439 WP No. 29118 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 29118 OF 2025 (GM-PASS) BETWEEN: KRITI AWASTHI D/O PRANAV AWASTHI, AGED ABOUT 10 YEARS, SHILPITHA SUNFLOWER, 1114, SUMMER C, BOREWELL ROAD, NALLURHALLI, WHITEFIELD, BANGALORE-560066 SINCE MINOR, REPRESENTED BY HER MOTHER, KRISHNA DIXIT. PETITIONER (BY SRI. ANAND MISHRA., ADVOCATE FOR SRI. KAPIL DIXIT.,ADVOCATE) AND: 1. THE REGIONAL PASSPORT OFFICER BANGALORE, 8TH BLOCK, 80 FEET ROAD, KORAMANGALA, BANGALORE-560095. 2. PRANAV AWASTHI S/O C B AWASTHI, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3439 WP No. 29118 of 2025 AGED ABOUT 51 YEARS, R/AT FLAT NO.MS-135D, ALIGANJ, PURANIA CHAURAHA, LUCKNOW-226020. …RESPONDENTS (BY SRI. RESHMA KT., CGC FOR R1; SRI. JAFFER ALI MUNSOOR., ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LETTER DATED 18.06.2025 IN ANNX-A ISSUED BY THE REGIONAL PASSPORT OFFICER, BANGALORE; DIRECTION TO THE REGIONAL PASSPORT OFFICER, BANGALORE TO CONSIDER THE APPLICATION MADE BY THE PETITIONER HEREIN AND REISSUE/ RENEW THE PASSPORT OF THE PETITIONER HEREIN. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:3439 WP No. 29118 of 2025 ORAL ORDER This petition is by a minor represented by her mother, and her father is the second respondent. The first respondent's communication dated 18.06.2025 is called in question. The first respondent has informed the petitioner's mother that though she has filed an application, it will not be considered and that if she wishes to have a passport for the petitioner she must once again file an application with all the necessary documents. When queried, Ms. Reshma K T, the learned Central Government Counsel for the first respondent, submits that the first respondent's communication dated 18.06.2025 may not be construed as rejection of the application and it must be considered as calling upon the petitioner's mother to furnish the second respondent's consent for issuance of passport. When queried, Sri Anand Mishra, the learned counsel for the petitioner, submits that because of a - 4 - HC-KAR NC: 2026:KHC:3439 WP No. 29118 of 2025 Co-ordinate Bench's decision in 'S. Nancy Nithya v. Union of India and Another'1 the first respondent may not be justified in insisting on the second respondent's consent, but that is only to ensure that there are no multiplicity of proceedings involving the child's custody [the petitioner's custody]. Sri Jaffer Ali Mansoor, the learned counsel for the second respondent, submits that the petitioner's mother has instituted multiple proceedings against the second respondent, including the proceedings for her appointment of a guardian which is dismissed but is presently pending at the miscellaneous stage for restoration, and when queried specifically on the second respondent's consent for issuance of passport to the petitioner, the learned counsel submits that the second respondent conveys consent but this Court must stipulate that if the passport is issued to petitioner, the petitioner's mother should not take the 1 2022 SCC OnLine Kar 1614 - 5 - HC-KAR NC: 2026:KHC:3439 WP No. 29118 of 2025 petitioner out of India unless there is a permission from the jurisdictional Court. These submissions are considered, and this Court finds that the scope for decision is narrowed down to a small canvas. The first respondent is therefore directed, upon receipt of a certified copy of this order and all other documents as may be required in accordance with the regulations applicable, to consider issuing passport to the petitioner. The petitioner's mother is reserved with liberty to file a certified copy of this document and all other records with the first respondent. It is expressly stipulated that the petitioner's mother shall not take the petitioner out of India unless there is an order by the competent Court in that regard. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE AN/-