Single Mother Entitled To Apply For Minor Child's Passport Without Father's Consent Or Divorce Decree: Andhra Pradesh High Court

"In the considered opinion of this Court, being the petitioner is a single parent, she is entitled to make application for passport of her minor child without the consent or signature of her husband," High Court of Andhra Pradesh, in a significant ruling dated May 1, 2026, held that a single mother is entitled to apply for and obtain a passport for her minor child without the consent or signature of the father.

A single-judge bench of Justice Battu Devanand observed that the right to travel abroad is a facet of personal liberty guaranteed under Article 21 of the Constitution of India, and passport authorities cannot adopt a mechanical approach by insisting on divorce decrees or the other parent's consent when the mother has submitted the requisite statutory declarations.

The petitioner, Shaik Shabana, married Mulla Suhel but had been living separately since 2022 along with her minor daughter due to matrimonial disputes and alleged harassment. While criminal cases under Section 498A and 420 of the IPC were pending against the husband, the petitioner had not initiated formal divorce proceedings. When she applied for her daughter’s passport as a single parent, the passport authorities orally insisted on the production of divorce papers or a court order, despite the petitioner submitting the mandatory Annexure C and D declarations.

The primary question before the court was whether a passport can be issued to a minor child based on an application submitted by the mother alone, without the father's consent, provided there is no prohibitory order from a competent authority. The court also examined whether the insistence on divorce documents by authorities was arbitrary and in violation of Articles 19 and 21 of the Constitution of India.

Right To Travel Is A Fundamental Right Under Article 21

The Court emphasized that the expression "personal liberty" occurring in Article 21 of the Constitution includes the right to travel abroad. Citing the landmark Supreme Court judgment in Maneka Gandhi vs. Union of India, the bench noted that no person can be deprived of this right except according to a procedure established by law which must be fair, just, and reasonable.

Authorities Cannot Adopt A Mechanical Approach

The bench observed that in contemporary times, traveling abroad has become an essential requirement of modern life for students and professionals alike. Any action by the Passport Authority in denying a passport without a valid legal basis could cause irreparable harm to the prospects of the applicant. The Court held that a mechanical approach in this regard cannot be countenanced.

"The right to travel abroad is a facet of fundamental right guaranteed under Article 21 of the Constitution of India. Any action of the Passport Authority in denying the passport would have severe consequence... a mechanical approach in this regard by the Passport Authority cannot be countenanced."

Single Parent Entitled To Apply Under Passport Rules 1980

Justice Devanand noted that the issue is no longer res integra, as various High Courts have held that a single parent is entitled to apply for a minor child's passport. The Court referred to the Passport Rules, 1980, specifically Column 16 of the Guidelines, which provides for cases where a single parent can furnish a sworn affidavit (Annexure 'C') stating that they are not in a position to obtain the consent of the other parent "for whatever reason."

Scope Of Annexure C and D Declarations

The Court highlighted that the Passport Rules specifically provide for situations where parents are separated but not formally divorced. In such cases, a declaration in the format of Annexure 'C' is sufficient. The bench remarked that the phrase "for whatever reason" attracts every conceivable situation and ensures that a single parent is not made to suffer a statutory embargo simply because they are no longer in touch with the other parent.

"The Act does not prohibit a single parent from applying for a passport for his/her minor child. The 1980 Rules specifically provide for situations where a single parent with exclusive custody of the minor child can apply for a passport without the signature or consent of the other parent."

The bench relied on several precedents, including the Bombay High Court's decision in Miss Yushika Vivek Gedam vs. Union of India, the Telangana High Court's ruling in Zayanab Aaliyah Mohammed vs. Union of India, and the Madras High Court's judgment in Anitha vs. The Regional Passport Authority. These courts had consistently held that passport applications must be processed if the mother submits the necessary annexures, regardless of the father's consent or the lack of a divorce decree.

Concluding that the petitioner had already submitted the required declarations under Annexure C and D, the Court found the respondent authorities' refusal to process the application as illegal and arbitrary. The Court allowed the writ petition and directed the Regional Passport Officer (Respondent No. 2) to consider the petitioner's application and issue the passport to the minor child within a period of two weeks.

The ruling reinforces the rights of single parents in India, ensuring that administrative hurdles do not impede the fundamental rights of children and their guardians. By interpreting the Passport Rules in light of constitutional guarantees, the Court has simplified the process for separated parents who lack formal legal decrees but have de facto custody of their children.

Date of Decision: 01 May 2026