Smt Geetha Karthikeyan Vs the Union of India — Dowry and Cruelty | Karnataka HC (2025)

Smt Geetha Karthikeyan Vs the Union of India — Dowry and Cruelty | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed; certiorari issued quashing the letter dated 16.05.2024 at Annexure-H issued by respondent No.3; respondent No.3 directed to consider the re-issuance application and issue the passport within 15 days; petitioner's travel made subject to prior permission of the XI ACMM Court, Bengaluru in C.C.No.1522/2020 and to conditions imposed by that Court.

Issue for consideration

Whether the impugned notice/closure letter dated 16/5/2024 (Annexure-H) issued by respondent No.3 is liable to be quashed. +2 more

Court's answer

A certiorari is issued and the letter dated 16.05.2024 at Annexure-H issued by respondent No.3 is quashed.

Ratio / Principle

Even if the petitioner is an accused in the pending proceedings, the right to travel is a fundamental right under Article 21 of the Constitution of India.

Key takeaways

The petitioner cannot be deprived of her proposed travel to Australia to attend the naming ceremony of her grandchild.ratio¶34
Respondent No.3 is directed to consider the petitioner's application for re-issuance of the passport and issue the passport within 15 days of receipt of a copy of the order.ratio¶42
The petitioner's travel shall be subject to prior permission from the XI ACMM Court, Bengaluru, in C.C.No.1522/2020, and to such conditions as that Court may impose on the travel.

Detailed headnote1 paragraphs

Writ Petition (GM-PASS) under Articles 226 and 227 of the Constitution — Passport re-issuance — Notice/closure letter dated 16.05.2024 (Annexure-H) issued by respondent No.3 (Regional Passport Office) — Re-issuance application not processed, respondents citing pending criminal case C.C.No.1522/2020 (charge sheet under Section 498A IPC) before the XI ACMM Court, Bengaluru, wherein the petitioner is an accused — Held: the right to travel is a fundamental right under Article 21 of the Constitution of India; even as an accused, the petitioner cannot be deprived of her proposed travel to Australia for the naming ceremony of her grandchild; certiorari issued quashing the Annexure-H letter; respondent No.3 directed to consider the re-issuance application and issue the passport within 15 days; travel made subject to prior permission of the XI ACMM Court, Bengaluru in C.C.No.1522/2020 and to such conditions as that Court may impose — Writ petition allowed. (Suraj Govindaraj, J.; decided 18.12.2025)

1 - NC: 2025:KHC:54441 WP No. 36821 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 36821 OF 2025 (GM-PASS)

BETWEEN:

SMT. GEETHA KARTHIKEYAN C/O KARTHIKEYAN G, AGED ABOUT 64 YEARS, R/O THUMBPRINT VILL NO-09. HESARGHATTA MAIN ROAD, KANSHIRAM NAGAR, LAKSHMIPURA, VTC: VIDYARANYAPURA, POST-VIDYARANYAPURA, BENGALURU-NORTH, BENGALURU - 97.

…PETITIONER

(BY SRI. HALLI SHANTAPPA BASAPPA, ADVOCATE)

AND:

Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

THE UNION OF INDIA REPT. BY SECRETARY TO GOVERNMENT, MINISTRY OF EXTERNAL AFFAIRS, REGIONAL PASSPORT OFFICE, BENGALURU - 560 027 KARNATAKA-STATE.

REGIONAL PASSPORT OFFICE BENGALURU, PASSPORT SEVA KENDRA, LALBAGH, PRESTIGE LIBRA, #45 LALBAGH ROAD, NEAR URVASHI THEATRE, BENGALURU - 560 027, KARNATAKA STATE, REPT. BY REGIONAL PASSPORT OFFICER BENGALURU - 27.

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HC-KAR

REGIONAL PASSPORT OFFICE, 8TH BLOCK, 80 FFET ROAD, KORAMANGALA, KARNATAKA, BENGALURU - 560 095, REPT. BY REGIONAL PASSPORT OFFICER, BENGALURU - 75.

…RESPONDENTS

(BY SMT. RESHMA K.T, ADVOCATE)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE/CLOSER LETTER DATED 16/5/2024 VIDE ANNEXURE-H ISSUED BY THE RESPONDENT NO-3, AND ETC.,

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

Ms. Reshma K.T., learned counsel accept notice for respondent Nos.1 to 3.

Petitioner is before this court seeking for the following reliefs:

(a) To quash the impugned notice/closer letter dated 16/5/2024 vide ANNEXURE-H issued by the Respondent No-3, and also,

(b) Issue directions to the respondent No-3 to renewal of the passport of the petitioner by considering the renewal application and pass any other relief deems fit on the facts and circumstances case, in the interest of justice and equity.

Petitioner had applied for re-issuance of a passport which

had expired on 03.08.2024 alleging that the said

3 - NC: 2025:KHC:54441 WP No. 36821 of 2025

HC-KAR

application has not been considered, the petitioner is before this Court seeking for the aforesaid reliefs.

Ms. Reshma K.T., learned counsel for the respondents, submits that there is a criminal proceedings in C.C.No.1522/2020 which is pending before the XI ACMM Court, Bengaluru, a charge sheet has been laid for offences under Section 498A of the Indian Penal Code wherein the petitioner has also been implicated and it is for that reason that the application could not be processed.

Even if the petitioner is an accused in those proceedings, I am of the considered opinion that the right to travel being a fundamental right under Article 21 of the Constitution of India and taking into consideration that the petitioner wants to travel to Australia where the naming ceremony of her grandchild is to be held, the petitioner cannot be deprived of such travel. Of course, such travel would have to be subject to prior permission and conditions that may be imposed by the XI ACMM Court, Bengaluru, seized of C.C No.1522/2020.

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NC: 2025:KHC:54441 WP No. 36821 of 2025

HC-KAR

In that view of the matter, I pass the following:

ORDER

i) Writ petition is allowed .

ii) A certiorari is issued. The letter dated 16.05.2024 at Annexure-H issued by respondent No.3 is quashed.

iii) Respondent No.3 is directed to consider the application for re-issuance of the passport submitted by the petitioner in terms of the above observation and issue the passport within a period of 15 days from the date of receipt of a copy of this order.

iv) The travel of the petitioner shall, however, be subject to prior permission to be obtained by the petitioner from the XI ACMM Court, Bengaluru, in C.C.No.1522/2020 and subject to such conditions as the said Court may impose on the travel of the petitioner.

SD/(SURAJ GOVINDARAJ) JUDGE

GJM

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