Beer Fathima Vs The Regional Passport Officer — Writ and Judicial Review | Madras HC (2025)

Beer Fathima Vs The Regional Passport Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ of Mandamus granted: the 1st respondent (Regional Passport Officer, Madurai Region) directed to process the petitioner's representation and issue a passport to her minor daughter Niha Zarin within three (3) weeks from receipt of a copy of the order; no costs.

Issue for consideration

Whether the passport authorities can require/refuse issuance of a fresh passport to the petitioner's minor daughter Niha Zarin on the ground that the father Allah Pitchai's existing passport still reflects the name of his first wife, notwithstanding documentary proof of his divorce and of the child's parentage.

Court's answer

Court fixed the marital timeline: the petitioner's marriage to Allah Pitchai took place on 30.06.2019, i.e., after his divorce from his first wife on 28.09.2017; the court also records that the minor child Niha Zarin was born on 16.12.2021, 2 1/2 years after that marriage.

Ratio / Principle

Documents evidencing the divorce were produced by the petitioner and her husband; both the marriage and the divorce stand recorded in the very same Jamath (the Melur Jamath).

Key takeaways

That the petitioner and her husband are the parents of Niha Zarin is evidenced by the Birth Certificate.ratio¶33
Core holding: merely because the husband's passport still reflects his first wife's name cannot be a ground for denying a passport to the minor daughter Niha Zarin.ratio¶33

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), W.P.(MD)No.31145 of 2025, decided 03.11.2025 by Ms. Justice P.T. Asha: Writ of Mandamus under Article 226 of the Constitution by Beer Fathima seeking a fresh passport for her 4-year-old daughter Niha Zarin (Application Ref. No.25-1062080009; File No.MD1065726937425 dated 06.10.2025; representation dated 24.10.2025). The Passport Office had orally required a court order because the father Allah Pitchai's passport still bore the name of his first wife Jasmine Barveen, though that marriage (30.06.2013) was dissolved on 28.09.2017 before the Melur Jamath and his marriage to the petitioner (solemnized 30.06.2019, registered with the same Jamath) followed. Court found the divorce documented, marriage and divorce recorded in the same Jamath, and the Birth Certificate proving parentage, and held that the husband's passport retaining the first wife's name cannot ground denial of the child's passport. Petition allowed; passport directed to be issued within three weeks; no costs.

W.P.(MD)No.31145 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 03.11.2025

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA

W.P.(MD).No.31145 of 2025

Beer Fathima ... Petitioner

Vs.

The Regional Passport Officer, Madurai Region, Claret Plaza, Melakkal Main Road, Kochadai, Madurai - 625016.

... Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the Respondent to issue a fresh passport to the petitioner's Minor Daughter Namely Niha Zarin D/o.Allah Pitchai aged about 4 years, by considering the petitioner's Application Reference No.25-1062080009 and File No.MD1065726937425 dated 06.10.2025 and petitioner's representation dated 24.10.2025.

For Petitioner : Mr.S.Balaji For R1 : Mr.M.Mithun Central Government Standing Counsel

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W.P.(MD)No.31145 of 2025

ORDER

This writ petition has been filed directing the Respondent to issue a fresh passport to the petitioner's Minor Daughter Namely Niha Zarin D/o.Allah Pitchai aged about 4 years, by considering the petitioner's Application Reference No.25-1062080009 and File

No.MD1065726937425 dated 06.10.2025 and petitioner's representation dated 24.10.2025.

Mr.M.Mithun, learned Central Government Standing Counsel takes notice on behalf of the respondent.

By consent of both the parties, the writ petition is taken up for final disposal at the admission stage itself.

The facts as set out in the affidavit filed in support of the writ petition reads as follows:-

The petitioner would submit that she is married to one Allah Pitchai through whom a daughter namely Niha Zarin was born on 16.12.2021. The petitioner is the second wife of her husband and her husband was already

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W.P.(MD)No.31145 of 2025

married to one Jasmine Barveen on 30.06.2013 and the marriage was dissolved on 28.09.2017 before the Melur Jamath. Thereafter, the marriage with the petitioner was solemnized on 30.06.1990. It is also registered with the Melur Jamath.

The petitioner would submit that both she and her husband have got passport which is valid till 2035 and therefore, she had applied for a passport in the name of her minor daughter namely Niha Zarin through online portal on 24.09.2025. The appointment was given on 06.10.2025 at 11.15 A.M. and the petitioner and her husband had appeared in person along with their minor daughter with all the relevant document. Since the petitioner's husband's passport still reflects the name of the first wife, she was orally informed to get orders from the Court for issuing passport in the name of the petitioner's minor and therefore, the petitioner is before this Court.

Heard the learned counsel on either side.

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W.P.(MD)No.31145 of 2025

The marriage between the petitioner and her husband had taken place on 30.06.2019, after the divorce between him and his first wife on 28.09.2017. The minor child is born on 16.12.2021, 2 ½ years after the marriage between the petitioner and her husband. The documents like Aadhar card, Voters ID, Birth Certificate of minor daughter Niha Zarin. The petitioner shows the name of the Allah Pitchai as the husband of the petitioner and father of minor daughter Niha Zarin.

The documents evidencing the divorce has been produced by the petitioner and her husband. The marriage as well as the divorce has been recorded in the very same Jamath. Therefore, that the petitioner and her husband are the parents of Niha Zarin has been evidenced by the Birth Certificate. Such being the case, merely on account of the passport of the husband reflecting the name of his first wife cannot be a ground for denying the passport to the minor Niha Zarin.

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W.P.(MD)No.31145 of 2025

Therefore, the writ petition is allowed and the 1^st respondent is

directed to process the representation keeping in mind the above and and issue passport to the petitioner's daughter namely Niha Zarin within a period of three (3) weeks from the date of receipt of a copy of this order. No costs.

03.11.2025

NCC :yes/No Index :yes/No Internet:yes/No rgm

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W.P.(MD)No.31145 of 2025

P.T.ASHA, J.

rgm

To

The Regional Passport Officer, Madurai Region, Claret Plaza, Melakkal Main Road, Kochadai, Madurai - 625016.

W.P.(MD).No.31145 of 2025

03.11.2025

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