Disposed¶18

Navisha Singh Tyagi Minor through Her Mother Jyotsna Singh v. Union of India & Anr.

Delhi HC14 Feb 2025W.P.(C)/17298/2024

Case brief

AI extract

What is this about?

Passport renewal; minor applicant; No Objection Certificate / NOC; father refusing NOC; single parent travel undertaking; Condition 4.6 of the Guidelines; mother's undertaking not to take child abroad without Court consent; Family Courts-01, SouthWest District, Dwarka Courts, Delhi; Order dated 26.10.2024; Case No. GP 26/2023; previous order dated 16.12.2024 (Paras 8 and 9); Union of India & Anr.; CGSC Rohan Jaitley; renewal within 4 weeks; petition disposed of; High Court of Delhi at New Delhi; Harish Vaidyanathan Shankar; W.P.(C) 17298/2024; decision date 14.02.2025.

What did the court decide?

Renewal of the Petitioner's passport by the Respondents within a period of 4 weeks (direction recorded at ¶17), upon which the petition stood disposed of. ¶18

Navisha Singh Tyagi Minor through Her Mother Jyotsna Singh Vs Union of India & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Renewal of the Petitioner's passport by the Respondents within a period of 4 weeks (direction recorded at ¶17), upon which the petition stood disposed of.

¶18

Issue for consideration

Whether the Respondents should renew the minor Petitioner's passport notwithstanding her father's refusal to give a NOC, taking into account Condition 4.6 of the Guidelines and the mother's undertaking not to take the Petitioner abroad without the consent of the Court.

¶15

Court's answer

Without going into the merits of the issues between the parties in Case No. GP 26/2023, under the facts and circumstances and keeping in view Condition 4.6 of the Guidelines, the Court held it desirable that the relief sought by the Petitioner (renewal of the passport) be granted.

¶15

Ratio / Principle

The grant of relief was particularly supported by the fact that the Petitioner's mother had already undertaken that she will not take the Petitioner abroad without the consent of the Court.

¶16

Key takeaways

The Respondents were directed to renew the Passport within a period of 4 weeks.ratio¶17
The Court expressly declined to enter into the merits of the issues as between the parties in Case No. GP 26/2023.obiter¶12

Detailed headnote1 paragraphs

W.P.(C) 17298/2024 (High Court of Delhi at New Delhi; Justice Harish Vaidyanathan Shankar; order dated 14.02.2025): Minor petitioner Navisha Singh Tyagi, acting through her mother Jyotsna Singh, sought renewal of her passport. Proceedings before the Judge, Family Courts-01, SouthWest District, Dwarka Courts, Delhi had recorded (Order dated 26.10.2024) that the petitioner's father was not ready to give a No Objection Certificate (NOC) for the passport renewal. Without going into the merits of the parties' dispute in Case No. GP 26/2023, and keeping in view Condition 4.6 of the Guidelines, the Court held it desirable to grant the relief sought, particularly in view of the mother's undertaking that she would not take the petitioner abroad without the consent of the Court. The Respondents (Union of India & Anr.) were directed to renew the passport within 4 weeks; the petition stands disposed of in terms of these directions.

¶1

$~1

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 17298/2024

¶4

NAVISHA SINGH TYAGI MINOR THROUGH HER MOTHER JYOTSNA SINGH .....Petitioner Through: Mr. Rohit Shukla, Mr. Vivek Kumar Gaurav & Mr. Md. Shaquib Azab, Advs.

¶5

versus

¶6

UNION OF INDIA & ANR. .....Respondents Through: Mr. Rohan Jaitley, CGSC with Mr. Hussain Taqvi, GP, Mr. Dev Pratap Singh & Mr. Varun Pratap Singh, Advs.

¶7

CORAM:

¶8

HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

¶9

O R D E R % 14.02.2025

¶10

In terms of Paras 8 and 9 of the previous order dated 16.12.2024, the matter has been listed today for further proceedings in respect of renewal of the passport.

¶11

The learned counsel for the Petitioner has apprised the Court of the proceedings before the learned Judge, Family Courts-01, SouthWest District, Dwarka Courts, Delhi in terms of which, vide Order 26.10.2024, it is recorded that the Petitioner‟s father is not ready to give No Objection Certificate [„ NOC ‟] for the renewal of the passport.

¶12

Without going into the merits of the issues as between the parties in Case No. GP 26/2023, it is desirable that, under the facts and

¶13

This is a digitally signed order.

¶14

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/02/2025 at 12:10:57

¶15

circumstances, and keeping in view Condition 4.6 of the Guidelines, the relief as sought for by the Petitioner to renew the passport, be granted.

¶16

This, particularly so, in view of the fact that the Petitioner‟s mother has already undertaken that she will not take the Petitioner abroad without the consent of the Hon‟ble Court.

¶17

The Respondents shall renew the Passport within a period of 4 weeks from today.

¶18

The petition stands disposed of in terms of the aforesaid directions.

¶19

HARISH VAIDYANATHAN SHANKAR, J.

¶20

FEBRUARY 14, 2025/v

¶21

This is a digitally signed order.

¶22

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/02/2025 at 12:10:57

Navisha Singh Tyagi Minor through Her Mother Jyotsna Singh v. Union of India & Anr.

Case brief

What is this about?

What did the court decide?

Navisha Singh Tyagi Minor through Her Mother Jyotsna Singh v. Union of India & Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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