Renewal of passports for minor children allowed without consent from father

Gujarat High Court Permits Passport Renewal for Minors Without Father's Consent. Court Upholds Mother's Custody Rights in Passport Renewal for Minor Children After Divorce

In a significant ruling, the Gujarat High Court has directed the Regional Passport Office in Ahmedabad to renew the passports of two minor children without requiring the consent or a no-objection certificate from their father. This decision comes in light of a divorce decree and custody arrangement favoring the mother, Khrisha Suresh Hemnani, who had approached the court seeking relief.

The judgment was delivered by Justice L.S. Pirzada in response to a petition filed by Khrisha Suresh Hemnani and her children against the Regional Passport Office, Ahmedabad. The petitioners had sought the court's intervention after the passport authority insisted on obtaining a no-objection affidavit from the children's father, despite a divorce decree granting custody to the mother.

The court noted that under Section 4(3) of Schedule-II of the Passport Rules, 1980, a single parent who is separated or divorced is eligible to endorse consent for passport applications and renewals. The judgment emphasized that in cases where custody is awarded to the mother through a divorce decree and a Memorandum of Understanding, the father's consent is not mandatory for renewing the minor children's passports.

The court further directed the passport authority to expedite the renewal process, highlighting the urgency due to the elder child's impending SAT examination scheduled for November 8, 2025. The decision ensures that the minor children's educational and personal documentation needs are met without unnecessary legal hurdles.

The advocate for the petitioners, Ms. Grishma Ahuja, argued that denying passport renewal without the father's consent would cause undue hardship and impede the children's educational pursuits abroad. The court's ruling aligns with the petitioner's plea, ensuring that the children can pursue their academic goals without delay.

The Regional Passport Office, represented by advocate Mr. P.D. Bhate, expressed no objection to the court's decision, indicating a willingness to comply with the order and renew the passports.

The judgment underscores the court's commitment to upholding the rights of single custodial parents and simplifying bureaucratic processes for minor children's passport renewals in similar situations.

Bottom Line:

Renewal of passports for minor children allowed without requiring consent or no-objection from father, considering divorce decree and custody arrangement in Memorandum of Understanding.

Statutory provision(s): Passport Rules, 1980, Section 4(3) of Schedule-II

Minor Khrisha Suresh Hemnani v. Regional Passport Office Ahmedabad, (Gujarat) : Law Finder Doc id # 2800714