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Wednesday, July 3, 2024

Estranged father’s name not required for passport: High Court landmark order

New Delhi May 3: While deciding a petition on behalf of a single mother, the Delhi High Court recently directed the passport authorities to remove the father’s name from her minor son’s passport.

It is stated that the petitioner (mother) left her husband before the birth of the child and brought up the child alone.

The Delhi High Court has given an important order that if the father has left the family, his name can be removed from the passport. A. On 19th, a woman filed an application seeking removal of father’s name from her minor son’s passport. She had mentioned in the application that she was a single parent and was estranged from her husband before the child was born. The father of the child has no visitation rights as per the divorce agreement.

The court has brought to notice that the children are not being given any maintenance. Justice Pratibha M. considered this. Singh, in the peculiar and peculiar circumstances of this case directed that the child’s father’s name be deleted from the passport and the passport be reissued in favor of the minor child without the father’s name.

The high court said that in some cases the biological father’s name can be deleted and the surname can also be changed.The court held that both the passport manual and the OM relied upon by the respondents recognize that passports may be issued without the father’s name in various circumstances.

The court said there are innumerable situations where there is marital discord between parents, in such cases the authorities may have to consider a child’s passport application.

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