Remanded

Shakey Shahul Hameed v. Regional Passport Officer

Kerala HC8 Oct 2018WP(C)/30996/2018

Case brief

AI extract

What is this about?

The petitioner, divorced and remarried, approached the High Court via writ petition directing the Regional Passport Officer to delete his ex-wife's name from his now-expired passport. The court analyzed the governing notification and directed the authorities to consider the application for re-issue without additional marriage or divorce proof, expeditiously.

What did the court decide?

Petitioner directed to approach 1st Respondent with fresh application under GSR.1171 (E) dated 23.12.2016 for re-issue with spouse's name changed.

Shakey Shahul Hameed Vs Regional Passport… — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU

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MONDAY ,THE 08TH DAY OF OCTOBER 2018 / 16TH ASWINA, 1940

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WP(C).No. 30996 of 2018

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PETITIONER/S:

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SHAKEY SHAHUL HAMEED,AGED 47 YEARS S/O SHAHUL HAMEED, RESIDING AT NAMPALASSERIL HOUSE, NEAR MSM COLLEGE, KAYAMKULAM, KARTHIKAPPALLY TALUK, ALLAPUZHA DISTRICT

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BY ADVS. SRI.K.SHAJ SRI.RENJIT GEORGE

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RESPONDENT/S:

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1 REGIONAL PASSPORT OFFICER, COCHIN, MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA, REGIONAL PASSPORT OFFICE, PASSPORT OFFICE BUILDING, PANAMPALLY NAGAR PO, COCHIN, PIN-682036

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2 PASSPORT SEVA KENDRA, ALLEPPEY AVENUE CENTRE, BEACH ROAD, ALAPPUZHA 688 001.

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3 SHEMLA,D/O. MUHAMMED KUNJU, AMPIYIL PUTHENVEEDU,KADATHOOR MURI, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT.

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BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL

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OTHER PRESENT:

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CGC. SRI. JAISHANKER V. NAIR

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W.P.(C). No. 30996 of 2018

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-2-

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

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The petitioner holds a Passport, in which he had his wife's

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name recorded under the column: 'Spouse'. Later, because of marital disputes, he divorced his wife and remarried, as is evident from Exts.P2 and P3.

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The petitioner complains that the authorities have not changed the spouse's name in the Passport, despite his request.

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In response to the submissions made by the petitioner's counsel, the learned Central Government Counsel, on the other hand, submits that the petitioner has never approached the Passport authorities. According to him, GSR.1171 (E) dated 23^rd December 2016, a notification issued by the Ministry of External Affairs, Government of India, sets out the procedural mechanism for deleting or incorporating the spouse's name. According to him, if the petitioner applies for the change of spouse's name, the authorities will consider it, in accordance with the notification dated 23^rd

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W.P.(C). No. 30996 of 2018

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December 2016.

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Heard the learned counsel for the petitioner and the

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learned Central Government Counsel for the respondents.

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Indeed, under paragraph 2 of the notification, dated 23^rd

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December 2016, Clause B deals with the change of name/addition of

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spouse's name in the passport and it reads as follows:

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“(B) CHANGE OF NAME/ADDITION OF SPOUSE's NAME IN PASSPORT ON RE-ISSUE BASIS

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(I) Following marriage, remarriage or divorce:

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(a) An applicant applying for re-issue of passport for incorporation of the name of his/her spouse;

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(b) A woman applying for change of name/surname in existing passport due to marriage;

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(d) Re-married applicants applying for change of name/spouse's name in passport.

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Except the details provided by the applicant (of any category mentioned above) in the application form, no proof of marriage/dissolution of marriage (court's order for judicial separation/decree of divorce) etc. is required.”

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Under these circumstances, the petitioner may apply to the 1^st

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-4-

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W.P.(C). No. 30996 of 2018

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respondent, who in turn will consider the petitioner's application in accordance with the notification dated 23.12.2016, expeditiously, in

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two weeks from the date of the petitioner's applying.

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Sd/-

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DAMA SESHADRI NAIDU

JUDGE

das

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF PASSPORT VIDE NO. LOO53744 HAVING VALIDITY UP TO 26-42023

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EXHIBIT P2 THE TRUE COPY OF CERTIFICATE DATED 2304-2010 ISSUED FROM THE PUTHENTHERUVU MUSLIM JAMA-ATH, KAYAMKULAM, ALAPPUZHA

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EXHIBIT P3 THE TRUE COPY OF CERTIFICATE OF MARRIAGE DATED 26-4-2010 ISSUED BY THE SPECIAL GRADE SECRETARY, KANJIRAPPALLY GRAMA PANCHAYATH

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EXHIBIT P4 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 23/08/2016 IN WP(C) 21528/2016.

Shakey Shahul Hameed v. Regional Passport Officer

Case brief

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Shakey Shahul Hameed v. Regional Passport Officer

Case brief

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