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The Kerala High Court in a recent decision came down heavily upon the Assistant Passport Officer, Kottayam for raising objections to the application filed by a single mother facing a matrimonial discord for re-issuance of passport for her minor daughter and compelling her to approach the court and obtain a court order in this regard.

The bench of Justice Amit Rawal observed, "This is a classic case of highhandedness at the hands of Assistant Passport Officer in raising objections for re-issuance of the passport by a single parent facing a matrimonial discord directing them to approach the court and obtain the court order."

Court, observing thus, imposed a cost of Rs.25,000 upon the Assistant Passport Officer, personally payable from his salary, and noted,

"The officers at the helm of affairs exercising the powers for issuing the passport are supposed to deal with the application in a pragmatic and reasonable manner, but should not reject the application in the manner and mode as extracted above. Knowing fully well that this Court would have expressed concern with regard to the spate of litigation and may come down heavily on the action of the respondents, in anticipation of that processed the application of the petitioner, but for redressal of the grievance, is impelled to shell out litigation expenses."

The Court was hearing a matter where a single mother had applied for a passport for her minor daughter, however, the passport office had issued a communication requiring father's consent in the process.  

Pulling up the authority for such an act, the Court observed that similar kind of litigation has become regular, where a parent who is facing matrimonial discord or there is already a separation, are compelled to approach this Court.

The Court also directed this order to be circulated to all the passport officers who have been raising such types of objections compelling the affected parties to approach this Court for no rhyme and reasons.

Case Title: Shiny Shukoor v Union of India