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The Court noted that this was a peculiar case as there was no visitation right claimed by the father or payment of maintenance against the upbringing of his child, as a result of which, the authority was directed to re-issue the passport, without the name of the father
The Delhi High Court in its judgment dated April 19, 2023 observed that where a father has severed all ties with the child, father’s name need not reflect on their passport.
Justice Pratibha M. Singh, while allowing the petition seeking deletion of the name of the father of the minor from his existing passport, observed,
“The facts of the present case are quite peculiar. As per the settlement which has been entered into by the biological father and the mother/Petitioner No. 1, the father has given up all rights, if any, towards the child. There is no visitation. The child has also not been brought up by the father. Moreover, the fact that the minor son is also using the surname of the mother and the maternal grandparents, itself shows that the father does not wish to have any concern or relationship with the child. No maintenance or alimony has also been paid to the Petitioners in this case. In fact, this would be a case where the father has completely deserted the child. Under such circumstances, this Court is of the opinion that Clause 4.5.1 of Chapter 8 and Clause 4.1 of Chapter 9 would clearly be applicable.”
With respect to Office Memorandum dated February 28, 2023 by the Ministry of External Affairs, as relied upon by the Respondent, the bench observed that in cases where no contact between father and mother or child is established, name of the father need not be included in the passport. The submission that the O.M. shall apply only to single unwed parents was discarded, noting that the language used in the Passport Manual and the O.M. is very clear – wherever single unwed parent is to be mentioned, the same has specifically been used.
Further, under Para 23 of the judgment, Court lays down several situations where the name of the biological father be deleted and the child’s passport application may be reconsidered by the authorities – such situations are not exhaustive but merely illustrative, the Court added. Reliance was placed on the observations in Shalu Nigam v. Regional Passport Officer, 2016 SCC OnLine Del 3023, Prerna Katia v. Regional Passport Office Chandigarh, 2016 SCC OnLine P&H 14187 and Nancy Nithya v. Government of India, WP No. 22378 of 2022.
The Petition was filed by a woman and her minor son seeking deletion of the name of the father of the minor from his existing passport and issuance of a fresh passport therein. The case of the Petitioner was that her husband had deserted her during the pregnancy itself and she had raised her son singlehandedly.
Moreover, as per the settlement entered into between the husband and wife, dated February 6, 2019, it was an agreed condition that the child will carry the identity and surname of his mother and maternal grandparents and on the basis of same, the guardianship petition before Patiala House Court was also disposed.
Case Title: Smita Mann v. Regional Passport Officer | WP (C) 1408 of 2023 & CM Appl. 5246 of 2023
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