Minor’s Passport Can Be Issued Without Father’s Name, Depending Upon Circumstances: Delhi High Court

The Delhi High Court has observed that the passport of a minor child can be issued without the biological father’s name under “varying circumstances” and that such a relief depends upon the “facts of each case.”Emphasising that no hard and fast rule can be applied in such cases, Justice Prathiba M Singh said that the Passport Manual of 2020 and the official memorandum issued by. The Delhi High Court has observed that the passport of a minor child can be issued without the biological father’s name under “varying circumstances” and that such a relief depends upon the “facts of each case.” Emphasising that no hard and fast rule can be applied in such cases, Justice Prathiba M Singh said that the Passport Manual of 2020 and the official memorandum issued by Union Ministry of External Affairs on February 28 last year recognise that passports can be issued under different circumstances without father’s name. Relying on various authorities on the subject, the court said: “Irrespective of the fact that the applicable clauses in the Manual may be different, the spirit behind the said decisions is clear, i.e., that under certain circumstances the name of the biological father can be deleted and the surname can also be changed.” The court also said that the Passport Manual merely contemplates some of the situations in matrimonial discord cases where a child’s passport application may have to be considered by the authorities. The court ordered for removal of the father’s name from the son’s passport, while emphasising that the order “shall not be treated as a precedent.” The plea was moved by the minor son and his mother seeking deletion of the father’s name from his passport and for re-issuance of a fresh passport without mentioning the father’s name.