The court said there are no hard and fast rules for such cases. (Representational)
New Delhi:
While deciding a petition in favour 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 was stated by the petitioner (mother) that the child was abandoned by his father before his birth and the child has been raised single-handedly by her.
Justice Prathiba M Singh observed, In fact, this would be a case where the father has completely deserted the child.”
Under such circumstances, this Court is of the opinion that Clause 4.5.1 of Chapter 8 and Clause 4.1 of Chapter 9 would clearly be applicable, the bench said.
In the unique and peculiar circumstances of this case, it is accordingly directed that the name of the father of the child be deleted from the passport and the passport be re-issued in favour of the minor child without the name of the father.
The high court said that under certain circumstances the name of the biological father can be deleted and the surname can also be changed.
Both the Passport Manual and the OM relied upon by the Respondents recognise that passports can be issued under varying circumstances without the name of the father, the court said.
The bench pointed out that such relief ought to be considered, depending upon the factual position emerging in each case. No hard and fast rule can be applied.
“There are myriad situations in the case of matrimonial discord between parents, where the child’s passport application may have to be considered by the authorities,” the court said.
The single mother and her minor son had approached the high court seeking the deletion of the name of the father of the minor child from his existing passport or in the alternative, the Petitioner seeks re-issuance of a fresh passport to the minor child without mentioning the name of the father therein.
The stand of the petitioner mother who appeared in person is that since she is a single parent and the father has completely abandoned the child, this is a case where the name of the father ought not to be insisted upon by the Passport Authorities, for being mentioned in the child’s passport, the high court said in the judgement of April 19.
The petitioner had also relied upon the mutual settlement and the fact that the desertion took place even prior to the birth of the child.
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