In a landmark decision, the Rajasthan High Court mandates the renewal of a minor's passport under single-parent custody, quashing the insistence on the father's name.
In a significant ruling on September 25, 2026, the Rajasthan High Court, Jaipur Bench, presided over by Justice Maneesh Sharma, addressed the contentious issue of passport renewal for minors under the custody of a single parent. The court ruled in favor of Ekang Mishra, a minor, whose passport renewal application had been stalled by the Regional Passport Office, Jaipur, due to the absence of the father's name, despite a previous passport being issued under the single-parent category.
The petitioner, represented by advocates Archit Bohra and others, challenged the Regional Passport Office's demand for an undertaking that included the father's name. The request was made even though the petitioner's mother, Gazal Mishra, had sole custody following a mutual divorce under Section 13-B of the Hindu Marriage Act, 1955. The passport, initially issued in 2019 with only the mother's name, was due for renewal.
Justice Sharma quashed the impugned order dated May 13, 2024, issued by the Regional Passport Officer, which had insisted on the father's name. The court referenced Clauses 4.1, 4.3, and 4.5 of Chapter 4 of the Passport Manual, 2020, and noted the 2018 notification simplifying passport rules. The court underscored that the renewal should proceed without the father's name, given the mother's submission of Annexure 'C' and the custody decree.
The court further clarified that the clarificatory note dated February 28, 2023, should not be rigidly applied to defeat the purpose of passport renewal in such cases. The decision aligns with previous judgments from various High Courts, including the Delhi High Court's ruling in Smita Maan v. Regional Passport Officer, emphasizing a flexible approach in cases involving matrimonial discord and minor's passport issuance.
The court directed the respondents to renew the passport without the father's name within one month, marking a progressive step towards recognizing the rights of single custodial parents in passport-related matters.
Bottom Line :
Passports Act, 1967 - Passport of minor in custody of divorced mother - Renewal cannot be denied by insisting on father's name where earlier passport was issued in single-parent category and mother has furnished decree of custody and Annexure 'C' - Clarificatory note dated 28.02.2023 cannot be mechanically invoked to defeat renewal.
Statutory provision(s):
Passports Act, 1967; Clauses 4.1, 4.3, and 4.5 of the Passport Manual, 2020; Hindu Marriage Act, 1955; Notification dated 25.07.2018; Clarificatory note dated 28.02.2023.
Ekang Mishra v. Union of India, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2989389
