Lack of Consent from a Non-Custodial Parent is Not a Material Consideration for Passport Grant” – Calcutta High Court Sets Aside Minor’s Passport Impoundment

In a significant judgment dated April 30, 2024, the Calcutta High Court has set aside the impoundment of a minor’s passport amidst a custody dispute, observing that the “lack of consent from a non-custodial parent is not a material consideration for the grant of a passport.”

The legal crux revolves around whether the absence of consent from a non-custodial parent constitutes ‘material suppression of information’ sufficient to warrant the cancellation of a minor’s passport under Section 10(3)(b) of the Passports Act, 1967. The court held that such consent or lack thereof is not a material factor affecting the passport issuance, thus not justifying the impoundment of the passport.

The case emerged from conflicting writ petitions (WPA No. 7360 of 2024 and WPA No. 8033 of 2024) filed by the parents of a minor following their marital discord and subsequent custody battles. The mother, Dr. Agnidipa Das, contested the Passport Authority’s decision to impound her daughter’s passport, which was allegedly based on her failure to disclose the father’s consent. Conversely, the father, Ranajoy Dutta, sought documentation from the Passport Authority and advocated for penal measures against the mother under the Passports Act, alleging suppression of material facts.

Violation of Natural Justice: The court pointed out that the Passport Authority’s actions violated principles of natural justice, notably ‘Audi Alteram Partem’, as the mother was not adequately heard before impounding the passport.

Material Suppression Not Established: Justice Bhattacharyya ruled that there was no material suppression of information as the requirement for the father’s consent was not a ‘material’ necessity for passport issuance.

Legal Implications of False Information: It was established that the mere non-disclosure of the co-parent’s consent under the circumstances did not constitute a material information breach warranting passport cancellation.

The High Court allowed WPA No. 7360 of 2024 filed by Dr. Agnidipa Das, setting aside the order impounding her daughter’s passport. Concurrently, WPA No. 8033 of 2024 filed by Ranajoy Dutta was dismissed, affirming that no material suppression had occurred and the Passport Authority’s decision lacked substantial grounds.

Date of Decision: April 30, 2024

Dr. Agnidipa Das Versus Union of India and Others