'No Divorce Needed': Gujarat HC Allows Separated Parents to Apply for Child’s Passport Without Other Parent’s Consent

The Gujarat High Court has ruled that a separated parent can apply for and obtain a minor child’s passport without the other parent’s consent, even if the couple has not formally divorced.

The ruling came after a mother approached the court when the Regional Passport Authority insisted on the father’s consent or a court order to renew her minor son’s passport.

The petitioner argued that serious marital disputes had made it impossible to secure her husband’s consent. Her counsel submitted that Rule 4(A)(3)(a) of Schedule III of the Passport Rules, 1980, permits a separated parent to apply for a child’s passport by submitting the required declarations, even without a formal divorce.

Court Upholds Rights of Separated Parent

Agreeing with the petitioner’s submissions, the High Court observed that a single parent who is separated but not formally divorced is eligible to provide consent for a minor child’s passport application.

The court noted that the requirement for the father’s consent or a court order appeared to have been imposed by the passport authorities as a precautionary measure.

It held that a child should not be deprived of essential travel documents and identification opportunities when the mother, as the child’s natural guardian, has been providing continuous care and supervision.

Passport Authority Directed to Act Within Eight Weeks

The High Court directed the Regional Passport Authority to process and issue the minor child’s passport on the basis of the mother’s application without insisting on the father’s consent.

The authorities were instructed to complete the process expeditiously, preferably within eight weeks of receiving the court’s order.

The ruling clarifies that the absence of a formal divorce does not, by itself, prevent a separated parent from applying for a minor child’s passport under the applicable passport rules.