This High Court of Karnataka disposed of a writ petition filed by a father seeking impoundment and cancellation of the daughter-in-law's son's passport to prevent his departure from India during pending family court proceedings. The Court held that the petition was infructuous as the minor child had attained majority.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 24TH DAY OF NOVEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.6209 OF 2015(GM-PASS)
BETWEEN:
MR. VIJAY KUMAR NATHURAM GODYEAL, S/O LATE MR NATHURAM GODYEAL, AGED ABOUT 42 YEARS, R/A 304, WARBA CENTRE, ABU BAKER AL SIDDIQUE STREET, DEIRA, DUBAI, U A E, AND ALSO AT 203, BUILDING NO.19/J, PHASE III, GOLDEN NEST TOWNSHIP, MIRA BHAYANDER ROAD, BHAYANDER(EAST), THANE-401 101. MAHARASHTRA.
… PETITIONER
(BY SRI. APPAIAH P B, ADVOCATE)
AND:
2
… RESPONDENTS (BY SRI. H SHANTHI BUSHAN, ASGI FOR R1 TO R3; SRI. JANARDHANA G, ADVOCATE FOR R4 & R5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING R-1 TO R-3 TO IMPOUND AND CANCEL ANY PASSPORT ISSUED TO VISHAL GODYEAL, THE MINOR MALE CHILD BORN TO THE PETITIONER AND R-4 ON 7.9.2003 AT SHARJAH, U.A.E., AND HOLDING PREVIOUS PASSPORT NO.H1107178 ISSUED ON 16.11.2008 AT DUBAI, U.A.E., WHICH EXPIRED ON 15.11.2013, AS AT ANNEX-A AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
3
ORDER
The principal prayers (i) & (ii) in the writ petition are as
under:
i) Directing R-1 To R-3 to impound and cancel any passport issued to Vishal Godyeal, the minor male child born to the petitioner and R-4 on 7.9.2003 at Sharjah, U.A.E., and holding previous passport No.H 1107178 issued on 16.11.2008 at Dubai, U.A.E., which expired on 15.11.2013, as at Annex-A.
ii) Direct R-1 To R-3 not to permit the departure of the minor male child by name Vishal Godyeal out of India pending the hearing and final disposal of G & WC .No.197/2012 before The Family Court at Bengaluru.
Godyeal who was a minor then; however, the said child having grown up and attained majority now, the petition has become infructuous and accordingly is disposed off, costs having been made easy.
Sd/-
JUDGE
Snb/
1 provisions across 1 enactments
Mr. Vijay Kumar Nathuram Comey
Union of India represented by the Secretary Ministry of External Affairs
Union of India represented by the Secretary Ministry of Home Affairs
Regional Passport Office
Mrs. Vanitha Jayaraj
Mr. Francois Rassi
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
