The Delhi High Court recently granted a petition by a single mother to remove the name of the father from her minor son's passport. The single mother and her minor son approached the high court to request that the father's name be deleted from the child's existing passport or that a new passport be issued without the father's name. The mother argued that as a single parent and because the father abandoned the child, the passport authorities should not require the father's name to be included in the child's passport. The court granted the request based on the specific circumstances of the case.
It was argued that the father was not financially or emotionally available for his child, and therefore he should have no rights over his child. The court stated that the situation amounted to the father deserting the child, and as such, directed the passport authorities to remove the father's name from the child's passport.
The court cited relevant clauses from the Passport Manual and the OM and acknowledged that passports can be issued without the name of the father in certain circumstances, including cases of matrimonial discord between parents. The court emphasised that such relief should be considered on a case-by-case basis and no hard and fast rule can be applied in cases like these.
"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 mother and son sought either the removal of the father's name from the existing passport or the issuance of a new passport without the father's name. The court granted their request based on the specific circumstances of the case.
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