The Madras High Court has directed the Ministry of External Affairs and the Consulate General of India in Houston, USA, to renew the passport of a 10th-grade minor girl residing in the United States with her father. The consulate had rejected the renewal application due to the absence of the mother’s signature.
Court’s Stand on Child’s Education
Justice S Sounthar observed that the strained relationship between the parents should not impact the child’s education. The court emphasized that the right to education is a fundamental right under Article 21-A of the Indian Constitution. It further stated that education is integral to a dignified life under Article 21.
The court refrained from deciding on the child’s custody or best interests. They ruled that the child’s education should not be disrupted due to parental disputes. The judge highlighted that the legal guardianship rests with the father unless a competent court decides otherwise.
Background of the Case
The father filed a petition seeking renewal of his daughter’s passport without requiring the mother’s consent. The couple had married in 2008 and moved to the U.S. in 2013. However, in 2021, the mother returned to India and has been living separately since then. Their daughter continued her education in the U.S. under the father’s care.
When the father applied for passport renewal, the consulate rejected the request. They demanded either a divorce decree with child custody details or an attested passport photograph signed by both parents. The mother refused to cooperate unless she was allowed to return to the U.S.. Thus, prompting the father to seek legal intervention.
Court’s Observations and Directions
The consulate cited the passport manual, which mandates consent from both parents for passport issuance and renewal. However, it acknowledged that in cases where one parent wilfully refuses consent, the passport may still be issued upon receiving an affidavit from the custodial parent. The passport authority must also notify the unwilling parent about the issuance.
The mother argued that she was compelled to stay in India as her husband did not facilitate her return. She was willing to give consent if he agreed to bring her back. The police informed the court that the mother had also filed a complaint under Section 498A of the IPC against the father, which was under investigation.
The court noted that allowing the child’s passport to expire could result in an illegal migrant status, adversely affecting her education. It ruled that procedural requirements should not override a minor’s right to education. The judge also stated that the mother could pursue legal avenues if she wished to join her husband but could not impose conditions for passport renewal.
Final Verdict
Considering that the child is 15 years old and under the father’s guardianship, the court concluded that the authorities could not refuse passport renewal based on the absence of one parent’s consent. The court ordered the consulate to proceed with the renewal, ensuring that the child’s education remains uninterrupted.
