Preethi Vs Union of India — Writ and Judicial Review | Madras HC (2026)

Preethi Vs Union of India — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

Directions issued to respondents 2 and 3: issue notice to the 4th respondent regarding grant of consent; if consent is not given, proceed with issuance of the passport in the petitioner's name with a stipulation that she cannot take the minor child overseas without a letter of consent from the father; complete the entire exercise within three weeks; no order as to costs.

Issue for consideration

Whether respondents 2 and 3 should renew and reissue the passport of the minor child Harshvardhan (Passport No.V1296216) without insisting upon the consent of the 4th respondent, his father.

Court's answer

This Court deemed it appropriate to permit the respondents to issue notice to the 4th respondent (father) with regard to grant of consent for issuance of the minor's passport.

Ratio / Principle

If the 4th respondent does not give consent for issuance of the passport, the respondent authorities shall proceed with issuance of the passport in the name of the petitioner (mother).

Key takeaways

The passport issued in the petitioner's name is to stipulate that she cannot travel overseas with the minor child without submitting a letter of consent from the 4th respondent (father).ratio¶27
The entire exercise (notice to the father and issuance of the passport) shall be completed within three weeks from the date of receipt of a copy of the order.ratio¶27
This Court expressly did not express any opinion on the merits of the case; whether insisting on the father's consent is arbitrary or illegal was left undecided.

Detailed headnote1 paragraphs

Madras High Court (Justice M. Dhandapani, single judge) disposed of W.P. No. 12917 of 2026 on 06-04-2026. Petitioner Preethi, mother and natural guardian (wife of 4th respondent M. Vignesh), sought a Writ of Mandamus under Article 226 directing respondents 2 and 3 (Regional Passport Officer, Chennai; Granting Officer, Passport Seva Kendra, Tambaram) to renew and reissue the passport of her minor son Harshvardhan (Passport No.V1296216; Application Reference No.26-1051642946; expiring 05.07.2026) without insisting on the father's consent; the child is in her custody pursuant to a Family Court Chennai divorce decree. Without expressing any opinion on the merits, the Court permitted the respondents to issue a consent-notice to the father; if consent is withheld, the passport is to be issued in the mother's name stipulating that she cannot take the child overseas without the father's consent letter; the exercise is to be completed within three weeks; no order as to costs.

WP No. 12917 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-04-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI WP No. 12917 of 2026

Preethi

..Petitioner(s)

Vs

Union Of India, Rep. By its Secretary, Ministry of External Affairs, South Bloc,, New Delhi-110011.

The Regional Passport Officer, Regional Passport Office, Rayala Towers No.158 Anna Salai, Chennai-600 002.

The Granting Officer, Passport Seva Kendra, Tambaram, Claret Complex, Duraisamy Reddy Street, West Tambaram, Chennai-600 045.

4. M. Vignesh

..Respondent(s)

Prayer Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the Respondents No.2 and 3 to renew and reissue the Passport of the minor child Harshvardhan, bearing Passport No.V1296216, pursuant to Application Reference No.26-1051642946, without insisting upon the consent of 4^th Respondent, the father of the minor child.

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WP No. 12917 of 2026

For Petitioner(s): Mr.P.Rajkumar For Respondent(s): Mr.V.Chandrasekaran

ORDER

The present Writ Petition has been filed seeking a direction to respondents 2 & 3 to renew and reissue the Passport of the minor child Harshvardhan, bearing Passport No.V1296216, pursuant to Application Reference No.26-1051642946, without insisting upon the consent of 4^th Respondent, the father of the minor child.

The petitioner herein is the wife of the 4^th respondent. The petitioner being the mother and the natural guardian, had applied for renewal and reissuance of passport in respect of her minor son namely Harshvardhan, aged about 6 years as the passport of the minor child is due to expire on 05.07.2026. However, the said application has been kept pending by the respondent authorities insisting upon the consent of the 4^th respondent/ the father of the minor child. The grievance of the petitioner is that due to personal disputes between the petitioner and the 4^th respondent, the 4^th respondent is refusing to give consent for grant of passport in respect of their minor child. Therefore, the petitioner left no other alternative and efficacious remedy, has filed the present Writ Petition seeking the aforesaid relief.

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WP No. 12917 of 2026

Learned counsel appearing for the petitioner submitted that, when the minor child is under the custody of the petitioner pursuant to the decree of divorce passed by the Family Court Chennai, the act of the respondents in holding the passport of the minor child insisting on the consent of the father is wholly arbitrary and illegal. Accordingly, he prayed this Court to pass appropriate orders.

On the above contention, this Court heard the learned counsel appearing for respondents 1 to 3.

Considering the facts and circumstances of the case and also the submission made by the learned counsel for the petitioner that the 4^th respondent has not provided consent for grant of passport in respect of their minor child, this Court, without expressing any opinion on the merits of the case, deems it appropriate to permit the respondents to issue notice to the 4^th respondent with regard to grant of consent. In the event, the 4^th respondent does not give the consent for issuance of passport in respect of the minor child, the respondents authorities shall proceed with issuance of passport in the name of the petitioner clearly stipulating in the passport that the petitioner would not be eligible to overseas with the minor child without submitting a letter of consent from the 4^th respondent/the father of the child. The entire exercise shall be completed within a period of three weeks from the date of receipt of a copy of this order.

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WP No. 12917 of 2026

M.DHANDAPANI, J.

NHS

With the above observation and direction, this Writ Petition stands

disposed of. There shall be no order as to costs.

06-04-2026

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

NHS

To

The Secretary, Union Of India, Ministry of External Affairs, South Bloc,, New Delhi-110011.

The Regional Passport Officer, Regional Passport Office, Rayala Towers No.158 Anna Salai,s Chennai-600 002.

The Granting Officer, Passport Seva Kendra, Tambaram, Claret Complex, Duraisamy Reddy Street, West Tambaram, Chennai-600 045.

WP No. 12917 of 2026

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