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Synopsis

The Madras High Court has directed the renewal of a minor’s passport without requiring the consent of her mother, emphasizing that parental disputes should not jeopardize a child's education. Court ruled in favor of the father, who had sought to renew his daughter’s passport to ensure the continuation of her schooling in the United States.

"If the passport of the child is allowed to expire without renewal, there is a danger of child acquiring unwanted tag of 'illegal migrant' and the same will adversely affect her studies. The strained relationship between the parents shall not be allowed to affect the welfare of the minor child," said the bench of Justice S. Sounthar.

The father had approached the court after his application to renew the passport of his 15-year-old daughter was stalled by authorities.

The girl's parents had relocated to the United States in 2013. However, after marital disputes, the girl's mother returned to India in 2021. The girl remained in the United States with her father and is currently studying in the 10th grade in Texas.

The Consulate General of India in Houston refused to process the girl's passport renewal without the mother’s consent or a court order on child custody. The mother, however, conditioned her consent on the father facilitating her return to the United States, leading to a legal impasse. 

Having left with no other alternative remedy, the father approached the high court seeking direction to the Union of India and the Consulate General of India, USA – Houston to renew and reissue the passport of the minor girl. He argued that the mother’s refusal to cooperate with the passport renewal was putting the child’s academic future at risk. 

Authorities initially justified their stance by citing passport regulations, which mandate consent from both parents for minor renewals. However, court noted that provisions exist for cases where one parent refuses to provide consent without valid reasons. The high court directed the authorities to process the renewal based on the father’s affidavit stating the mother’s refusal.

Adding another layer of complexity to the case, the mother had also filed a criminal complaint against the father under Section 498(A) of the Indian Penal Code, alleging cruelty. While acknowledging the ongoing legal proceedings, the court clarified that they should not interfere with the child’s education.

The court directed the father to re-submit the passport application and ordered authorities to renew the document without the mother’s approval if all other legal requirements were met. The order set a deadline of January 27, 2025, for the authorities to process the request.

Significantly, the court stressed that its observations were limited to the passport renewal and would not affect future custody battles or matrimonial proceedings between the parents.

Case Title: xxx   vs. UOI and Others