The Delhi High Court has recently directed the passport authorities to remove the father’s name from her minor son’s passport.
Therefore, it was stated by the petitioner (mother) that the child was abandoned by his father before the child’s birth and has been raised single-handedly by her.
Justice Prathiba M Singh noticed that this would be a case where the father has completely abandoned the child.
Further, under such circumstances, the Court is of the opinion that Clause 4.5.1 of Chapter 8 & Clause 4.1 of Chapter 9 would clearly be applicable.
In the unique & peculiar circumstances, it is directed that the name of the child’s father be deleted from the passport and the passport to be re-issued in favour of the minor child without mentioning name of the father.
Therefore, the high court stated that under such circumstances the name of the biological father can be deleted and the surname can also be replaced.
The Passport Manual and OM relied upon by the Respondents recognize that passports can be issued under different circumstances without the name of the father.
However, the bench noted such relief that ought to be considered, that depends upon the factual position emerging in each case. No hard & fast rule can be applied.
The court said that “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 single mother & her minor son approached the high court seeking deletion of the name of the father from his existing passport or in the alternative, the petitioner sought re-issuance of a fresh passport to the minor child without mentioning the name of the father in there.
Therefore, the stand of the petitioner’s mother was that since she is a single parent and father has been completely abandoned the child, this was a case where the name of father ought not to be asserted upon by the Passport authorities, for mentioning the child’s passport.
Previously, the petitioner also relied upon the mutual settlement and the fact that the desertion took place even prior to the birth of the child.
