Passport — Minor child — Application by single mother — Consent/signature of father not mandatory in absence of prohibitory order (Paras 7–14) Issue: Whether passport authorities can insist upon consent of father or divorce decree for issuing passport to minor child when application is made by mother as single parent. Facts: Petitioner, living separately from husband since 2022 due to matrimonial disputes and pending criminal/DV proceedings, applied for passport for her 4-year-old daughter by submitting Annexures-C and D declaring herself as single parent; passport authorities orally insisted upon divorce/judicial separation decree or father’s consent. Held: Under the Passports Act, 1967 and Passport Rules, a single parent can apply for passport of minor child without consent/signature of other parent if prescribed declarations are furnished and there is no prohibitory order of competent Court. Respondents directed to process and issue passport. (Paras 7–14)

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AP HIGH COURT HELD THAT 

Passport — Minor child — Application by single mother — Consent/signature of father not mandatory in absence of prohibitory order (Paras 7–14)

Issue: Whether passport authorities can insist upon consent of father or divorce decree for issuing passport to minor child when application is made by mother as single parent.
Facts: Petitioner, living separately from husband since 2022 due to matrimonial disputes and pending criminal/DV proceedings, applied for passport for her 4-year-old daughter by submitting Annexures-C and D declaring herself as single parent; passport authorities orally insisted upon divorce/judicial separation decree or father’s consent.
Held: Under the Passports Act, 1967 and Passport Rules, a single parent can apply for passport of minor child without consent/signature of other parent if prescribed declarations are furnished and there is no prohibitory order of competent Court. Respondents directed to process and issue passport. (Paras 7–14)

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Passports — Annexure-C declaration — Sufficiency — Refusal on technical grounds impermissible (Paras 5, 9–13)

Issue: Whether passport application of minor can be kept pending for want of supporting divorce/judicial separation documents despite submission of Annexure-C.
Facts: Petitioner submitted Annexure-C and D declarations explaining absence of father’s consent and pendency of matrimonial disputes, but respondents kept application on hold stating that supporting legal documents were not furnished.
Held: Once Annexure-C declaration explaining absence of consent is furnished, authorities are bound to consider application in accordance with Rules; insistence on divorce decree or judicial separation proceedings is contrary to statutory scheme and settled law. (Paras 5, 9–13)

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Constitution of India — Article 21 — Right to travel abroad — Minor child and single parent — Liberal interpretation (Paras 8–13)

Issue: Whether denial of passport to minor child due to non-consent of estranged father violates constitutional rights.
Facts: Minor child was in exclusive custody of mother and no proceedings prohibiting issuance of passport were pending against petitioner; authorities nevertheless refused to process application.
Held: Right to travel abroad is part of personal liberty under Article 21 of the Constitution; administrative authorities cannot mechanically deny passport to minor child merely because estranged father withheld consent, particularly when single parent complied with prescribed procedure. (Paras 8–13