‘1980 rules allow a parent with child’s exclusive custody to apply for passport’

 ‘1980 rules allow a parent with child’s exclusive custody to apply for passport’ 

29.12.2024 TIMES OF INDIA CHENNAI 

 

Gadi Praveen Kumar, deputy solicitor general of India, representing the Union of India and the passport authorities, referred to an office memorandum issued by the ministry of external affairs on July 31, along with a clarification dated March 8, 2018. Praveen Kumar argued that the passport authorities must adhere to these guidelines, particularly for children of parents who have obtained foreign citizenship or renounced their Indian citizenship. Justice Bhattacharya clarified that the Passport Act of 1967 and the 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 specifically allow a parent with exclusive custody of the child to apply for a passport without the consent of the other parent. This applies even if the parents are separated, but not formally divorced. The only requirement is that the custodial parent must provide information in the prescribed annexure. The judge further emphasised that any interpretation of the Passport Act or Rules that restricts a single parent’s ability to apply for a passport for their minor child contradicts the constitutional rights of both the parent and the child. Justice Bhattacharya pointed out that it is unreasonable to make a single parent, who has no contact with the other parent for any reason, suffer a statutory barrier in applying for a passport for their child. Regarding the office memorandum referenced by Praveen Kumar, the court ruled that it did not apply to the case at hand and cannot serve as an obstacle to granting relief. Besides, the office memorandum cannot override the provisions of the Passport Act and the 1980 Rules, the court said.