KUM. RENUKA MAHENDAR MIRJI vs. THE REGIONAL

The Regional Passport Office, 8th Block, 80 Feet Road, Koramangala, Bangalore – 560 095.

Passport Officer, Passport Seva Kendra, Prestige Libra, # 45, Lalbagh Road,

The petitioner was born on 06.11.1991 at Mumbai to her natural parents Sri.Vimal Radheshyam Bhatia and Smt.Sabhita Bhatia. However, her parents thereafter separated due to some misunderstanding in their marital life and they had parted by a decree of dissolution of marriage dated 05.12.2001. Subsequently, the mother of the petitioner married one Sri.Mahendra Gangadhar Mirji and according to the petitioner, the said marriage is still subsisting. At a point when the petitioner was a minor, an application for issue of passport was made and a passport bearing No.F5236031 was issued on 09.11.2005, which was valid up to 08.11.2015. At that point, when an application was made, the name of the biological father was indicated and accordingly, the same was incorporated in the passport that was issued to the petitioner. Presently, while seeking renewal of the passport, the petitioner has sought to include the name

The respondents have filed their objection statement. The contention is essentially with regard to the compliance of the provision as provided under the notification dated 05.10.2009, which is produced at Annexure `R3’ to the petition. With reference to the same, the learned Assistant Solicitor General of India would point out that in case of death of the spouse and subsequent marriage, the documents to be produced in that regard, such as the Educational Certificates etc. would be sufficient. However, in a case of divorce and re-marriage, the consideration to include the name of the stepfather can be made as per the Regulation, only

In the light of the above, what is to be taken into consideration is that, this Court, at the outset, will have to be satisfied that the request made by the petitioner is genuine in the facts and circumstances of the case. In the instant case, as noticed, the petitioner has not filed any other proceedings seeking appointment of her step-father as legal guardian. Even in the absence of the same, while taking note of the actual aspect involved in the instant case, it is seen that in all other documents such as the Certificates issued by the Central Board of Secondary Education, the Department of Pre-University Education and also in the Pan card issued by the Income Tax Department, the name of the stepfather has been incorporated and the

Therefore, if the above aspects are kept in view, the application as made by the petitioner is not a stray request. The similar request has been made by the petitioner before different authorities and the same has been accepted and the name has been incorporated. Hence, in that light, if a consideration is made, the facts arising in the instant case is similar to the consideration, which had been made by the Madras High Court in the case of R.Gayathiri Vs. Regional Passport Officer: W.P.(C)-14182/2013 decided on 16.05.2013 which was thereafter relied on by the Delhi High Court in W.P.(C) No.3582/2014 dated 31.07.2014. In such circumstances, the request of the

In the instant case, it is stated that the application dated 24.05.2010, which was made at the first instance itself was signed by the stepfather of the petitioner. Even if that be the position, the stepfather of the petitioner shall also file an affidavit along with a copy of this order while seeking such incorporation. Hence, if such affidavit is filed, the request of the petitioner made through her application dated 07.01.2016 shall be considered by the respondents and appropriate indication of the name of the stepfather shall be incorporated in the passport by deleting the