Single mother can obtain passport for minor child without father's consent if no court bar exists: Andhra Pradesh High Court

The Andhra Pradesh High Court has held that a single mother is entitled to apply for and obtain a passport for her minor child without the consent or signature of the father, provided that the prescribed declarations under the Passport Rules are furnished and there is no order of any competent court prohibiting issuance of the passport.Justice Battu Devanand observed that the Passport Act, 1967 and the Passport Rules, 1980 recognize situations where a parent may not be in a position to secure the consent of the other parent and, therefore, cannot be interpreted as preventing a minor child of passport facilities merely because the parents are living separately. The Court held that passport authorities cannot insist upon production of divorce decrees, judicial separation orders, or court permissions where the statutory requirements have otherwise been complied with.The Court was dealing with a writ petition filed by a woman from SPSR Nellore District seeking issuance of a passport for her four-year-old daughter after passport authorities refused to process the application unless she produced documents evidencing divorce, judicial separation, or appropriate court orders relating to her husband.BackgroundThe petitioner applied for issuance of a passport for her minor daughter on 28.06.2025. According to her, despite submission of the application and all necessary particulars, the passport authorities refused to process the application and orally insisted that she furnish either divorce proceedings, judicial separation proceedings, or orders from a competent court concerning her husband.The petitioner stated that she had married one Mulla Suhel but had been living separately from him since 2022 due to matrimonial disputes. Since then, she had been solely taking care of the minor child and was functioning as a single parent.She informed the Court that criminal proceedings initiated against her husband were pending, including a case under Sections 420 and 498-A IPC read with provisions of the Dowry Prohibition Act, as well as proceedings under the Protection of Women from Domestic Violence Act. According to her, because those disputes were still pending, she had not initiated divorce proceedings.The petitioner further submitted that she had mentioned her status as a single parent in her application for a passport and had mentioned the reasons why consent of the father was not obtained in Annexures C and D. She had also furnished details of the pending proceedings. However, the authorities refused to process the application.Aggrieved by the continued inaction, she approached the High Court seeking a direction to process the passport application without insisting upon divorce or judicial separation documents.Passport Authorities' StandThe Regional Passport Office opposed the petition and argued that ordinarily the consent of both parents is required for issuance of a passport to a minor child.It was argued that where one parent's consent is unavailable, the applicant parent is required to submit Annexure-C declaring that proceedings relating to divorce, judicial separation, or custody are pending and that no court has prohibited issuance of a passport without the consent of the other parent. According to the authorities, although the petitioner had submitted Annexure-C, she had not produced supporting legal documents and therefore the application was kept on hold.Issue Before the CourtThe principal question before the Court was whether a passport could be issued to a minor child on the application of the mother alone, without the father's consent, where no prohibitory order had been passed by any court or competent authority.Justice Battu Devanand observed at the outset that the controversy was no longer res integra and had already been considered by several High Courts across the country.The Court noted that a consistent judicial view has emerged recognizing the right of a single parent to apply for a passport on behalf of a minor child without the consent of the other parent, subject to compliance with the prescribed declarations under the Passport Rules.The Court examined a series of decisions rendered by the Bombay High Court, Telangana High Court, Madhya Pradesh High Court, Madras High Court and Kerala High Court, all of which had interpreted the Passport Rules in favour of facilitating passport issuance in cases involving separated parents.A significant part of the judgment dealt with the statutory framework governing passports for minor children. The Court noted that while consent of both parents is ordinarily required, the Rules themselves provide for situations where obtaining such consent may not be possible.The Court referred to provisions requiring submission of Annexure-C and Annexure-D in cases involving separated parents, estranged spouses, custody disputes and similar circumstances. These provisions expressly recognize that passport applications can be processed even when one parent's consent is unavailable, provided the applicant parent furnishes the prescribed declaration.The Court also referred to the observations of the Telangana High Court, which had emphasized that where a parent is unable to obtain the consent of the other parent "for whatever reason", the applicant parent can submit the prescribed affidavit and seek processing of the passport application.The Andhra Pradesh High Court found that the petitioner had already submitted Annexures C and D along with the necessary details explaining the absence of the father's consent.Right To Travel Abroad Is Part of Personal LibertyWhile relying on the Bombay High Court's decision in Miss Yushika Vivek Gedam v. Union of India, the Court noted that denial of a passport to a minor child merely because one parent refuses consent would run contrary to well-settled constitutional principles.The Bombay High Court had observed:“The right to travel abroad is a facet of fundamental right guaranteed under Article 21 of the Constitution of India.”The judgment further recognized that in modern times international travel cannot be viewed as a luxury or fanciful activity but has become an important aspect of education, professional advancement and personal development. The Bombay High Court had therefore observed:“Travelling abroad cannot be considered to be a fanciful affair but has become an essential requirement of modern life.”The Andhra Pradesh High Court found these observations persuasive and applicable to the present controversy.The Court also took note of the concern expressed by the Bombay High Court that refusal of a passport may cause irreparable prejudice to the future prospects of a child and that passport authorities must avoid adopting a mechanical approach while dealing with such applications.After considering the legal position, Justice Battu Devanand found that the petitioner had clearly disclosed all relevant facts and had complied with the requirements contemplated under the Passport Rules.The Court noted that she had stated that she was living separately from her husband, had custody of the child, and had furnished the prescribed declarations explaining the absence of the father's consent. Importantly, there was no material to show that any court had prohibited issuance of a passport to the child.In these circumstances, the Court held that insistence on production of a divorce decree, judicial separation order, or separate court permission was legally unsustainable.Applying the above principles to the facts of the case, Justice Battu Devanand noted that the petitioner had already disclosed all relevant facts and had furnished Annexures C and D explaining the absence of the father's consent. The Court further noted that the petitioner was living separately from her husband, had custody of the minor child, and there was no order of any court prohibiting issuance of a passport.The Court found that insistence on production of a divorce decree, judicial separation order or separate permission from a court was unsupported by the Passport Act or the Passport Rules. Observing that a single parent is entitled to seek a passport for a minor child by complying with the prescribed declarations, the Court allowed the writ petition and directed the Regional Passport Officer to process the passport application of the petitioner's minor daughter within two weeks from receipt of the order.WRIT PETITION NO: 2768/2026SHAIK SHABANA vs The Union of India & Ors.Date of Decision:01.05.2026Counsel for the Petitioner: 1.K PALLAVICounsel for the Respondent(S): 1.THENEPALLI NIRANJAN SC FOR CENTRAL. GOV(The author of this article, Vatsal Chandra is a Delhi-based Advocate practicing before the courts of Delhi NCR.)