Disposed

Aalliyah Ali (Minor) v. Union of India

Kerala HC26 Mar 2024WP(C)/12348/2021

Case brief

AI extract

What is this about?

A writ petition by a minor seeking direction to the Regional Passport Office to decide her passport renewal application, which was blocked due to the father's objection amid parental dispute. The court directed that the application be processed and decided within one month upon submission of Annexure-C or a joint Annexure-D by both parents.

What did the court decide?

Direction to 2nd respondent to process and decide the minor's passport renewal within one month on receipt of Annexure-C or jointly signed Annexure-D.

Aalliyah Ali (Minor) Vs Union of India — Child Custody and Guardianship | Kerala HC (2024)

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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 N.NAGARESH

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TUESDAY, THE 26^TH DAY OF MARCH 2024 / 6TH CHAITHRA, 1946

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WP(C) NO. 12348 OF 2021

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PETITIONER:

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AALLIYAH ALI (MINOR) AGED 5 YEARS REPRESENTED BY HER MOTHER AND GUARDIAN DR. AYISHA C.M, CHALAPPURATH HOUSE, EDAKAZHIYOOR P.O, CHAVAKKAD, THRISSUR-680 515.

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BY ADV K.MOHANAKANNAN

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI 110 001.

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2 THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR P.O, KOCHI-682 020.

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3 DR. ABDUL ALI LATHEEF, CHALAPURATH HOUSE, EDAKKAZHIYOOR P.O, THRISSUR DISTRICT-680 515.

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BY ADVS. D.LEEMA ROSY KRISHNA T C., SCGC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.12348 of 2021

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:2:

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J U D G M E N T

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Dated this the 26^th day of March, 2024

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The petitioner is a minor, who is represented by the

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mother and natural guardian. The petitioner is before this Court seeking to direct the 2^nd respondent to consider and pass orders on Ext.P4 and communicate the same to the petitioner within a time frame to be fixed by this Court.

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In short, the dispute relates to renewal of the

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Passport of the petitioner, who is a minor. The marital relation between the mother and father of the petitioner was strained when the writ petition was filed. The application submitted for the renewal was not allowed by the Passport

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W.P.(C) No.12348 of 2021

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Authority on the ground that the father of the petitioner has raised an objection in renewing the Passport of the petitioner.

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Today, when the matter came up for

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consideration, Sri.T.C.Krishna, Central Government Senior Panel Counsel, submitted that even if there is dispute between the parents of a child, who is an applicant for renewal of the Passport, such application can be processed provided a duly filled Annexure-C is submitted by the one of the parents.

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Counsel for the petitioner submits that the dispute

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between the parents are now sorted out and now they are in a position to give a joint application for renewal.

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In the afore facts of the case, the writ petition is disposed of directing the 2^nd respondent that if the petitioner submits an application for renewal along with Annexure-C or

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W.P.(C) No.12348 of 2021

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:4:

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such application is supported by Annexure-D duly filed and signed by both the parents, the petitioner's application for renewal of the Passport shall be processed and take decision as soon as possible, within a period of one month

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from the date of receipt of the Annexure-C or Annexure-D, as the case may be.

Sd/- N. NAGARESH

JUDGE

ams

W.P.(C) No.12348 of 2021

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:5:

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APPENDIX OF WP(C) 12348/2021

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT BEARING NO. P. 4086529 DATED 21.9.2016 AND THE VALIDITY IS UPTO 20.09.2021.

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Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT NO. V. 1011791 DATED 26.4.2021.

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Exhibit P3 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE 2ND RESPONDENT DATED 1.8.2021.

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Exhibit P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT THROUGH E-MAIL IN ANSWER TO THE SHOW CAUSE NOTICE EXT. P3 DATED 2.6.2021.

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Exhibit P5 TRUE COPY OF THE COMMUNICATION RECEIVED FROM THE 2ND RESPONDENT DATED 8.6.2021.

Aalliyah Ali (Minor) v. Union of India

Case brief

What is this about?

What did the court decide?

Aalliyah Ali (Minor) v. Union of India

Case brief

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What did the court decide?

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