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HYDERABAD: Telangana HC recently ruled that a single parent with custody of a minor child can apply for and obtain a passport for the child without needing signature of the other parent.
Allowing a petition filed by a four-year-old girl, represented by her mother, Justice Moushumi Bhattacharya set aside the Hyderabad regional passport officer’s missive requiring the woman to provide consent from the child’s father or permission from a court to obtain the passport for her minor daughter.
Justice Bhattacharya found that imposing such a burden on the mother was unnecessary. The petition had challenged the legality of the RPO’s letter.
According to Zeeshan Adnan Mahmood, counsel for the minor girl, the woman’s husband deserted her and shifted to the US, relinquishing his Indian citizenship. He did not contest the mother’s petition. The woman’s divorce petition is pending before a Hyderabad court, and the father has not sought custody of the child.
Justice Bhattacharya clarified Passport Act of 1967 and 1980 Passport Rules are clear. The Act does not prevent a single parent from applying for a passport for a minor child. The 1980 Rules allow a parent with exclusive custody of the child to apply for a passport without consent of the other parent. This applies even if the parents are separated, but not formally divorced. The only requirement is the custodial parent must provide information in the prescribed annexure.
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