Disposed

Ram Nihin Baalay v. Megha Bordoloi

Karnataka HC7 Dec 2023WP/5700/2023

Case brief

AI extract

What is this about?

The High Court addressed a father's apprehension regarding his wife's application for a minor child's passport. The Court clarified that passports require both parents' signatures if not separated, forbid mothers from traveling abroad without court consent, and disposed of the writ petition.

What did the court decide?

The writ petition is disposed; the father is directed to co-operate in securing the child's passport with both parents' signatures, and the mother must seek court permission for international travel.

Ram Nihin Baalay Vs Megha Bordoloi — Child Custody and Guardianship | Karnataka HC (2023)

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NC: 2023:KHC:44658 WP No. 5700 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 5700 OF 2023 (GM-FC)

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BETWEEN:

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RAM NIHIN BAALAY S/O LATE MR. BHOOMARAJAM BAALYA AGED ABOUT 38 YEARS R/AT 1-8-700/21, PADMA COLONY NALLAKUNTA, HYDERABAD – 500 044.

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…PETITIONER

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(BY SRI. ABHINAV R., ADVOCATE FOR SRI. DEEPAK H., ADVOCATE)

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AND:

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MEGHA BORDOLOI D/O MRIDUL KUMAR BORDOLOI AGED ABOUT 38 YEARS R/AT FLAT NO. 108, “A” TYPE HAVING NEW MUNICIPAL NO. 627/B-FF-108 ON THE FIRST FLOOR, BERNESE BLOCK ”ALPINE ECO”, MARATHAHALLI BENGALURU – 560 037.

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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…RESPONDENT

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(BY SMT. GEETHADEVI M.P., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 23.02.2023 MADE ON I.A.NO.8 PASSED BY THE II ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT, AT BENGALURU ANNEXURE-A.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2023:KHC:44658 WP No. 5700 of 2023

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ORDER

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The petitioner is before this Court calling in question an order dated 23.03.2023, passed on I.A.No.VIII, filed by the wife in G & WC No.3/2022, by the IV Additional Principal Judge, Family Court, Bengaluru, which directs the petitioner to sign on the concerned form for issuance of passport to the child.

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Heard Sri Abhinav R., learned counsel for petitioner and Smt. Geethadevi M.P., learned counsel for respondent.

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The petitioner - husband is before this Court on an apprehension that his name would not be indicated by the respondent – wife, when the application is submitted for issuance of minor passport for their child and the application would be considered on erroneous entries made therein. The apprehension appears to be unfounded, as the application for issuance of the passport to the minor child would be considered only if the signatures by both the parents are affixed, if they are legally not separated.

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3 - NC: 2023:KHC:44658 WP No. 5700 of 2023

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The necessity of the application for issuance of the passport to the minor child shall be complied with by the petitioner - father. The applicant mother shall file a fresh application before the passport authorities seeking passport to the child, which bears the signature of the father as well. The passport authorities would consider the same and issue necessary passport in terms of the law.

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The issuance of the passport or possession of the passport of the child will not mean that the wife can travel outside the shores of the nation, without the consent of the concerned Court. The respondent – wife shall submit an application before the concerned Court with regard to the place of travel, its itinerary, and reason of such travel and the concerned Court shall consider the same and pass appropriate orders in accordance with law only after hearing the parties.

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With the aforesaid observations, the writ petition stands disposed.

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NC: 2023:KHC:44658 WP No. 5700 of 2023

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It is needless to observe that the petitioner - father shall co-operate in securing the passport to the child and not dodge the issue.

Ordered accordingly.

Sd/JUDGE

NVJ

CT:SS

Ram Nihin Baalay v. Megha Bordoloi

Case brief

What is this about?

What did the court decide?

Ram Nihin Baalay v. Megha Bordoloi

Case brief

What is this about?

What did the court decide?

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