Delhi High Court Allows Exclusion of Father's Name from Minor's Passport in Single Parent Custody

In a significant ruling, the Delhi High Court has affirmed the validity of an Office Memorandum (OM) issued by the Ministry of External Affairs, allowing the exclusion of the father's name from the passport of a minor child in cases of single parent custody. The judgment, delivered by Justice Prathiba M. Singh, emphasized the need for a case-by-case assessment of passport applications for minors in various circumstances arising from matrimonial discord between parents.

The OM, dated February 28, 2023, clarified that the term "single parent" should not be limited to unwed parents and extended to all situations where the father has no contact with the mother or the child, including cases of divorce or separation. The court held that the language used in the OM and the Passport Manual was clear, allowing for the exclusion of the father's name when warranted.

The ruling drew attention to previous judgments, including the cases of Shalu Nigam v. The Regional Passport Officer and Kavneet Kaur v. Regional Passport Office, which recognized the rights of a single parent to exclude the father's name from the passport if it is not legally required. The court stressed that there is no one-size-fits-all approach, and each case should be examined on its merits.

Justice Prathiba M. Singh highlighted that the circumstances in the present case were peculiar, as the father had disowned the child and had no visitation rights. The minor child also used the surname of the mother and maternal grandparents. In light of these facts, the court directed the exclusion of the father's name from the minor child's passport.

Date: April 19, 2023

SMITA MAAN AND ANR. VS REGIONAL PASSPORT OFFICER