Gujarat HC directs issuance of passport to minor daughter of single man within 8 weeks

Affirming the rights of single parents, Gujarat High Court directed the Regional Passport Authority to issue a passport for the minor daughter of a petitioner who is her single custodial father, within eight weeks of the order.

The single bench of the court, hearing a petition filed by the father, clarified that provisions under the Passport Rules, 1980, allow a single parent — even if separated but not formally divorced — to apply for and obtain a passport for their minor child without the consent of the other parent, provided custody is established with the applicant.

The petitioner, the father of the minor girl, approached the high court after the Regional Passport Authority refused to process the passport application in the absence of the mother's consent. The father stated that his wife had left the matrimonial home and expressed no willingness to remain in the marriage or provide consent for the child's passport.

The lawyer representing the petitioner argued before the court that it was not possible to obtain the mother's consent. He further argued that Section 4(3) of Schedule II of the Passport Rules, 1980, which permits a single parent in cases of separation (without formal divorce) to endorse consent and apply for the minor's passport. 

Additionally, reference was made to Rule 4(A)(3)(a) of Schedule III, enabling such applications in the absence of the other parent's consent when supported by appropriate declarations or court intervention.The passport authority had maintained that the passport could not be granted without either the mother's consent or a specific court order overriding the requirement.

The court emphasised that the custody of the minor daughter rests exclusively with the applicant as single father.