Can't Object To Issue Passports To Children Of Single Parents For Lack Of Court Order: Kerala HC Asks Officer To Pay ₹25K As Litigation Expense

The Kerala High Court recently asked an Assistant Passport Officer in Kottayam to shell out litigation expenses amounting to Rs. 25,000 from his own salary for objecting to re-issue passport to a single parent's daughter.

In his order, Justice Amit Rawal has also called it a classic case of highhandedness by the Assistant Passport Officer objecting to re-issue the passport of children of a single parent facing a matrimonial discord and directing them to approach the court and obtain the court order.

"...officers at the helm of affairs with the powers for issuing passports are supposed to deal with the application in a pragmatic and reasonable manner, but should not reject the application in (this) manner and mode..."

The Court also directed that a copy of this order be circulated to all passport officers. 

Advocates S. Ranjit and Gokul Das V.V.H appearing for the petitioner submitted that she is already divorced and is a single parent.

They also argued that she had submitted a copy of the divorce to the officer apart from duly filling the Annexure C form enclosed with the passport form, giving an undertaking that the entire responsibility would be of her as there is already an order of divorce. Yet the officer objected to the re-issuance of her child's passport. 

ASGI S. Manu submitted that during the pendency of the petition, respondents have processed the petitioner's application and the passport shall be reissued in the name of the minor child.

It was noted that day in and day out, applicants were compelled to approach the High Court for an appropriate order, despite filling the form Annexure 'C' for re-issuance of passport, particularly parents facing matrimonial discord or where there is already a separation.

The Judge stated that although officers with the power to issue passports are to deal with the application in a pragmatic and reasonable manner, they should not reject one as done in this case. 

It was also observed that the respondent officer had processed the petitioner's application only because he knew full well that the Court would express concern about the series of cases on this issue and anticipated that it may come down heavily on his action. 

Therefore, for redressal of the grievance, the Assistant Passport Officer was impelled to shell out Rs. 25,000 as litigation expenses from his own salary. Since the application was already processed, the Officer was also directed to issue the impugned passport within one week. 

A copy of this order was also handed over to the ASGI so that it could be circulated to all the passport officers who have been raising such objections compelling the affected parties to approach this Court for no rhyme and reason.

The writ petition was disposed of as such.  

Case Title: Shiny Shukoor v. Union of India & Ors. 

Citation: 2022 LiveLaw (Ker) 106

Click Here To Read/Download The Order