BENGALURU
Observing that a child should not suffer because of disputes between parents, the Karnataka High Court has directed passport authorities to issue a short-term passport to a five-year-old girl even without the consent of her father.
The court also imposed a condition that the child must return to India before the expiry of the passport after visiting her grandparents abroad. Authorities were directed to obtain an undertaking in this regard and issue the passport within a week.
The order was passed by a single-judge bench headed by Justice Sachin Shankar Magadum while hearing a petition filed by the child’s mother. She had approached the court after passport authorities kept the application pending due to the father’s refusal to provide consent.
The bench observed that the father, despite residing at the same address, was allegedly avoiding the process and not responding to court notices. The judge said rules could be relaxed in exceptional cases where one parent unnecessarily obstructs matters affecting the welfare of the child.
The court stated that it is the legitimate right of a child to meet family members and that strained relations between parents should not curtail the rights and interests of a minor.
Accordingly, the bench directed authorities to issue a passport valid for eight weeks to enable the child to travel abroad with her mother during the summer vacation.
The court further observed that the legal rights of a minor cannot be defeated merely because one parent refuses consent without reasonable grounds.
According to the petition, the child intended to travel to Australia to spend time with her grandparents during the holidays. However, under passport rules, consent from both parents is generally mandatory for issuing passports to minors.
The petitioner’s counsel submitted that matrimonial disputes were pending between the woman and her husband, including divorce proceedings before a family court. It was argued that delay in issuing the passport would adversely affect the interests of the child and deprive her of the opportunity to visit her grandparents.
Taking note of these submissions, the High Court ruled in favour of the child and directed the passport authority to complete the process without insisting on the father’s consent.
