Divorced mother can renew kids' passports without father's consent: HC
What's the story
In a landmark ruling, the Gujarat High Court has allowed a divorced woman to renew her children's passports without their estranged father's consent. Earlier, the Regional Passport Office (RPO) in Ahmedabad had denied the woman's request for renewal, insisting that a no-objection affidavit from the children's father was a must. The mother, from Vadodara, needed to renew her elder daughter's passport urgently, as she was scheduled to appear for the Scholastic Assessment Test (SAT) on November 8.
Legal proceedings
RPO insisted on no-objection affidavit from father
However, the RPO had insisted on a no-objection affidavit from the children's father. The mother argued that a memorandum of understanding (MoU) signed during their divorce in March 2022 gave her custody of the children and required the father's cooperation in legal matters. However, it was not possible to secure his consent at this stage. The woman said the denial of passport renewal would result in "irreparable loss" for her daughter, who would miss her opportunity to take the SAT.
Expedited process
MoU states children are in mother's custody: Justice Pirzada
While granting relief, Gujarat HC Justice LS Pirzada cited Section 4(3) of Schedule-II of the Passport Rules, 1980. This section requires consent from a single parent if the parents are separated but not formally divorced or by court order. Justice Pirzada noted that the MoU clearly stated the children are in their mother's custody. He directed the RPO to renew both minors' passports "preferably within a week."
Official rules
MEA rules for excluding a parent's name from passport
In single-parent custody cases, the Ministry of External Affairs (MEA) has also laid down rules for excluding a parent's name from a minor's passport. The online application form allows applicants to provide only one parent's name if required. For unwed single parents, the name of either the father or the mother is not to be mentioned on the passport. In cases of married parents, only the custodial parent's details need to be provided, irrespective of marital status.