Manju Rani Hara v. Regional Passport Officer & Anr.

Delhi High Court · 21 Mar 2023 · 2023:DHC:2094
Prathiba M. Singh
W.P.(C) 2654/2023
2023:DHC:2094
administrative petition_allowed Significant

AI Summary

Delhi High Court allowed issuance of a minor's passport to an unwed mother without requiring the biological father's name upon valid explanation and verification.

Full Text
Translation output
2023:DHC:2094
W.P.(C) 2654/2023
HIGH COURT OF DELHI
Date of Decision: 21st March, 2023
W.P.(C) 2654/2023
MS. MANJU RANI HARA ..... Petitioner
Through: Ms. Nishi Sangtani, Advocate. (M:
7073621688)
VERSUS
REGIONAL PASSPORT OFFICER & ANR. ..... Respondents
Through: Mr. Rakesh Kumar, CGSC with Mr. Sunil & Mr. Abhishek Gupta, Advocates for UOI (M- 9811549455)
CORAM:
JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J. (Oral)
JUDGMENT

1. This hearing has been done through hybrid mode.

2. The Petitioner-Ms. Manju Rani Hara is an unwed mother who had applied for the passport of her 8 months old minor-daughter in the Delhi Passport Office. The appointment for verification of the Petitioner’s daughter’s passport application was fixed and accordingly, on 23rd September, 2022, the Petitioner reached the passport office with her minor daughter. At the Passport office, the Petitioner was asked to provide details of the minor’s biological father. The Petitioner provided explanation as to why she is unable to give the name of the biological father to the passport office. She also met the Deputy Passport Officer. and explained her circumstances. It is stated that the Deputy Passport Officer suggested that the Petitioner should approach Respondent No. 1- Regional Passport Officer for further assistance. The Petitioner booked an appointment for 7th October 2022, to meet with Respondent No. 1-Regional Passport Officer(‘RPO’).

3. On 7th October 2022, the Petitioner was then requested by the RPO to give the reasons for non- mentioning the name of the biological father in writing on a blank paper, which the Petitioner is stated to have complied with. However, despite several weeks having passed, post the said event of submission of reasons, the passport was not issued. Even the username and the password which was allotted to the Petitioner had expired. Accordingly, the Petitioner has filed the present petition seeking the issuance of the passport without insisting upon mentioning the biological father's name.

4. The prayer in this writ petition reads as under:-

“A. Issue a writ of Mandamus or any other writ, order or direction in the nature thereof, thereby directing Respondent No. 1 to issue passport to Petitioner's minor daughter, without insisting upon mentioning father's name; and
B. Pass any other or further directions as this Hon'ble

Court may deem fit and in the interest of justice, equity and good conscience, in the facts and circumstances of the present case.”

5. On 2nd March, 2023, after hearing the parties, the following order was passed by this Court:-

“3. The Petitioner who is a single mother seeks issuance of the passport without recording the name of the biological father. 4. Ld. counsel for the Respondent to seek instructions and produce the original file of the passport office which includes the reasons which have been submitted by the Petitioner for non-recording of the biological father’s name. 5. Petitioner may join the proceedings online or in person, on the next date of hearing.”

6. Mr. Rakesh Kumar, ld. Counsel today submits that on 1st March, 2023, when instructions were sought prior to the last hearing, an email was received by his office that the application has already been processed without mentioning the name of the father. However, since his attention was not drawn to the said email, he could not mention the same to the Court on the said date.

7. Today, ld. Counsel Ms. Nishi has submitted that the Passport Authorities have thereafter conducted the verification and the passport has been received by her on 16th March, 2023.

8. Under these circumstances, the prayer in the writ petition stands satisfied.

9. In the present case, the passport having been issued, the relief sought no longer survives. The present petition with all pending applications, if any, is disposed of in these terms.

PRATHIBA M. SINGH JUDGE MARCH 21, 2023 mr/rp