Disposed

Elen Elza Joy v. Union of India, Represented by Its Secretary

Kerala HC14 Mar 2024WP(C)/2496/2023

Case brief

AI extract

What is this about?

Writ petition sought re-issuance of the petitioner's minor son's passport without surrendering the old passport or obtaining consent of the fifth respondent. The Deputy Solicitor General submitted that the passport had already been issued. Recording this submission, the court disposed of the writ petition with no further orders.

What the court decided

AI extract

Elen Elza Joy Vs Union of India, Represented… — 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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THURSDAY, THE 14^TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945 WP(C) NO. 2496 OF 2023

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PETITIONER:

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ELEN ELZA JOY AGED 34 YEARS, NURSE, D/O DR. JOY THOMAS, KAROTTUKOICKAL HOUSE, VENNIKULAM P.O., PURAMATTOM VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT., PIN – 689543.

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BY ADVS. P.HARIDAS BIJU HARIHARAN SHIJIMOL M.MATHEW P.C.SHIJIN RISHIKESH HARIDAS

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RESPONDENTS:

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1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY MINISTRY OF EXTERNAL AFFAIRS, CENTRAL SECRETARIAT, SOUTH BLOCK, NEW DELHI,, PIN – 110001.

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2 REGIONAL PASSPORT OFFICER REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR P.O., KOCHI, PIN – 682036.

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3 ASSISTANT PASSPORT OFFICER PASSPORT SEVA KENDRA, PATHANAMTHITTA, POST OFFICE PASSPORT SEVA KENDRA, PATHANAMTHITTA-KAIPATTOOR ROAD, PATHANAMTHITTA,, PIN – 689645.

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W.P.(C) No.2496 of 2023

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4 STATION HOUSE OFFICER KOIPURAM POLICE STATION, KOIPURAM, THIRUVALLA, PATHANAMTHITTA – 689531.

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5 JERRIN KURIEN JACOB, AGED 35 YEARS, C/O JACOB KURIEN, MAPPILASSERIL JERRIN VILLA, THELLIYOOR P.O., THELLIYOOR VILLAGE, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT,, PIN – 689544.

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6 ADDL.R6.JACOB KURIAN, AGED 71 YEARS, MAPPILASSERIL JERRIN VILLA, THELLIYOOR.P.O., MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT-689544.

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7 ADDL.R7. ACCAMMA JACOB, AGED 69 YEARS, W/O JACOB KURIEN, MAPPILASSERIL JERRIN VILLA THELLIYOOR P.O, MALLAPPALLY TALUK, PATHANAMTHITTA DISTRICT-689544.

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(ADDITIONAL R6 & R7 IMPLEADED AS PER ORDER DATED 01.02.2023 IN IA NO.1/2023).

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BY ADVS. MANU S. DSG OF INDIA K.M.FAIZAL, GOVERNMENT PLEADER VARUGHESE M EASO HARIDAS VIVEK VARGHESE P.J.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.2496 of 2023

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J U D G M E N T

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Dated this the 14^th day of March, 2024

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The writ petition has been filed by the petitioner

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seeking the following reliefs:-

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“i) Issue a writ in the nature of madamus or any other appropriate writ, order or direction directing respondents 1 to 3 to re-issue / renew the Passport of the petitioner's minor son 'Alwin Jerrin Jacob' without insisting for surrender of old Passport or consent of the 5^th respondent expeditiously within a time limit fixed by this Hon'ble Court.

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ii) May grant such other reliefs this Hon'ble Court deem fit and necessary in the circumstances.”

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2. When this writ petition came up for hearing today,

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it is submitted on behalf of the Deputy Solicitor General of

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India that the Passport has already been issued.

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W.P.(C) No.2496 of 2023

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:4:

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In view of the above, no further orders are necessary

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in this writ petition. Recording the said submission, the writ petition is therefore disposed of.

Sd/- N. NAGARESH

JUDGE

ams

W.P.(C) No.2496 of 2023

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APPENDIX OF WP(C) 2496/2023

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE COMMON JUDGMENT IN O.P.(DIVORCE) NO. 281/2017 & OP (GUARDIAN & WARDS) NO. 18/2018OF FAMILY COURT, THIRUVALLA DATED 29.12.2022

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Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF PASSPORT NO.L7412247 DATED 19.2.2014 OF MINOR ALWIN JERRIN JACOB

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Exhibit P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 4TH RESPONDENT DATED 18.01.2023 ALONG WITH RECEIPT

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Exhibit P4 TRUE COPY OF THE APPLICATION FILED BY PETITIONER UNDER RTI ACT DATED 19.01.2023

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Exhibit P5 TRUE COPY OF THE APPLICATION FILED BY PETITIONER FOR RE-ISSUANCE OF PASSPORT TO MINOR CHILD BEFORE 1ST RESPONDENT DATED 19.01.2023

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Exhibit P6 TRUE COPY OF THE REPRESENTATION FILED BY PETITIONER BEFORE 3RD RESPONDENT DATED 20.01.2023

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RESPONDENT EXHIBITS

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Exhibit R6(a) TRUE COPY OF THE ORDER DATED 30.07.2019 IN I.A. NO.358 OF 2019 OF FAMILY COURT, THIRUVALLA

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Exhibit R6(b) TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 18/02/2021 IN OP (FC).NOS.562 OF 2019 & 59 OF 2020

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W.P.(C) No.2496 of 2023

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Exhibit R6(c) TRUE COPY OF THE EMAIL LETTER DATED 28/01/2023 SENT BY THE 5TH RESPONDENT TO THE PETITIONER

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PETITIONER EXHIBITS

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Exhibit P7 TRUE COPY OF THE PASSPORT APPLICATION DATED 19.01.2023 BY THE PETITIONER OF HER MINOR CHILD BEFORE THE 8TH RESPONDENT

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Exhibit P7(a)

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TRUE COPY OF THE ONLINE APPOINTMENT RECEIPT ISSUED TO THE PETITIONER BY THE 8TH RESPONDENT DATED 19.1.2023

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Exhibit P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 8TH RESPONDENT DATED 01.02.2023

Elen Elza Joy v. Union of India, Represented by Its Secretary

Case brief

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Elen Elza Joy v. Union of India, Represented by Its Secretary

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