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TMI Blog2016 (5) TMI 1587X X X X Extracts X X X X X X X X Extracts X X X X ..... ioner No.2-daugther which included her educational certificates and Aadhar Card etc. did not bear the name of her father. She submitted that if the directions sought for in the present petition are not issued, the petitioner No.2-daughter would be compelled to alter her identity that she had been using since her birth as daughter of petitioner No.1 rather than of her biological father. According to her, through the malafide, arbitrary and discriminatory decision of respondents, petitioner No.2 was being compelled to mention the name of her biological father who had refused to accept her because she is a female child. She emphasised that respondents had originally in the year 2005 and subsequently in 2011 issued a Passport without insisting upon petitioner No.2's father. 4. Mr. Rajeev Kumar, learned counsel for respondent No.1 stated that the computerised Passport application form has a column with regard to father's name under the heading 'Family Details'. He stated that the said form must be filled by the petitioner No. 2. In support of his contention, he relied upon Chapter 8, Clause IV (4.5) of the Passport Manual which reads as under:- "IV. Parent name not to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the name of her biological father on the grounds of fair play, equity and prudence as the petitioner had been brought up by her step father only and her school records too reflected the name of her step father as her father. 10. Mr. Bansal laid emphasis on the judgment of the Supreme Court in Githa Hariharan vs. RBI, (1999) 2 SCC 228, wherein it had been held that the mother can act as natural guardian of child, inter alia, in the event the father is indifferent towards the child or if the child is put under custody of mother by mutual understanding between the parents. In the said case, the Supreme Court further directed the organizations like RBI to formulate a methodology to meet such situations where the child is being brought up by the mother only. 11. This Court is of the opinion that the respondents can insist upon the name of the biological father in the Passport only if it is a requirement in law, like standing instructions, manuals etc. In the absence of any provision making it mandatory to mention the name of one's biological father in the Passport, the respondents cannot insist upon the same. 12. In the present case, there is no legal requirement for insisting u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9;) an affidavit sworn by her before the Magistrate in terms of Clause 3.2(a) within a period of two weeks. The said affidavit will also incorporate the necessary assertion that the Petitioner's mother will inform the RPO in the event she proposes to remarry. If such an affidavit is furnished, then the RPO will ensure that the name of the father in the passport of the Petitioner is left blank. The necessary correction in the passport be made within a further period of two weeks after the said affidavit is furnished." 14. The present respondents on 20th February, 2015 in W.P.(C) 845/2015, Priyanshi Chandra Vs. Regional Passport Office had, on instructions, stated before a Coordinate Bench of this Court that the request of the applicant, to issue her a fresh passport, without mentioning her father's name would be granted if she produces an affidavit in terms of Clause 3.2(a) of the Instructions contained in letter dated 21st April, 1999. 15. In the opinion of this Court, the judgment of Madras High Court in Mrs. B.S. Deepa (supra) offers no assistance to the respondents. Firstly, the issue involved in the aforesaid Madras High Court judgment was the validity of the adoption ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t into the world; this does not appear to be so in the present case, on a perusal of the pleading as they presently portray........ 12. We recognize that the father's right to be involved in his child's life may be taken away if Section 11 is read in such a manner that he is not given notice, but given his lack of involvement in the child's life, we find no reason to prioritize his rights over those of the mother or her child........ 13. ..........the welfare of the child would be undermined if the Appellant is not compelled to disclose the identity of the father, or that Court notice is mandatory in the child's interest. On the contrary, we find that this may well protect the child from social stigma and needless controversy. xxx xxx xxx 15. .........The views of an uninvolved father are not essential, in our opinion, to protect the interests of a child born out of wedlock and being raised solely by his/her mother....... The sole factor for consideration before us, therefore, is the welfare of the minor child, regardless of the rights of the parents.......... xxx xxx xxx 18. .........The provisions of the Convention which we have extracted indeed reiter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tended to ease and facilitate transactions and cannot be the basis for creating and defeating anybody's legal rights. If the only impediment, in way of granting the relief sought by the petitioners, is the software, the same ought to be suitably modified to accept the application of the petitioner No.2, if she is otherwise entitled for re-issuance of the Passport. 24. The fact that the respondents had on previous two occasions, in the year 2005 and 2011 issued Passport to petitioner No.2, without insisting on father's name, makes it evident that the said requirement is not a legal necessity, but only a procedural formality, which cannot be the basis of rejecting the petitioner No. 2's case. Consequently, it appears that legally and factually there is no impediment in issuing the Passport to the petitioner No.2, without mentioning her father's name. 25. Accordingly, the respondents are directed to modify their software and accept petitioner No.2's application and issue her a Passport without insisting upon mentioning her father's name. With the aforesaid direction, present petition and application stand disposed of. This Court places on record its appreciat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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