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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 ..... t mentioning her father's name on the ground that the instructions issued by the respondent itself permitted mentioning of only mother's name in the passport. 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. 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. - W.P.(C) 155/2016 & CM APPLs. 684-685/2016 - - - Dated:- 17-5-2016 - HON'BLE MR. JUSTICE MANMOHAN For the Respondent : Mr. Amit Bansal, Advocate and Amicus Curiae and Ms. Seema Dolo, Advocate, Mr. Rajeev Kumar, Advocate JUDGMENT MANMO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounsel for respondent No.1 submitted that it is a well recognized principle of law that the relationship between parents and children do not get dissolved, except in cases of valid adoption. Consequently, according to him, the name of the father has to be mentioned by petitioner No. 2, before the petitioner No.2's application for issuance of Passport can be considered. In support of his submission, he relied upon a judgment of the Madras High Court in Mrs. B.S. Deepa vs. The Regional Passport Officer, Writ Petition No.29105/2014. 6. Keeping in view the important question of law that was involved in the present proceedings, this Court vide order dated 22 nd January, 2016 had appointed Mr. Amit Bansal, Advocate, as the learned Amicus Curiae. 7. Mr. Amit Bansal, learned Amicus Curiae, pointed out that in Kavneet Kaur vs. Regional Passport Office, W.P.(c) 3582/2014 decided on 31st July, 2014 a Coordinate Bench of this Court had set aside the order of Ministry of External Affairs, by which the petitioner's request for including the name of her step father as her father in the Passport had been denied. He stated that the Court allowed the said writ petition principally on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sport Office, W.P.(C) 5100/2010 decided on 21st February, 2011 directed issuance of a passport to an applicant without mentioning her father's name on the ground that the instructions issued by the respondent itself permitted mentioning of only mother's name in the passport. The relevant portion of the said order is reproduced hereinbelow:- 4. The Respondents have themselves enclosed another set of instructions in a reference letter (Annexure R-2) issued on 21st April 1999. Clause 3.2(a) thereof reads as under:- 3.2 Child born out of wedlock or child having single parent (Reference letter No. V.I/402/2/1/97 dated 21.4.1999). a) Cases where: (i) the mother who is an Indian citizen, claims that the biological father had no contact with the mother or the child after the child's birth; or where (ii) the child's father is either unknown (for example a child born after a rape etc.) or (iii) has terminated the relationship with the mother after conception. In these cases, the PIA should obtain an affidavit from the mother to that effect sworn before a magistrate (Appendix 23). In these cases, the name of the father should be left blank and should not be enter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngle parents etc. directed the respondents to mention the name of the step father of the applicant on her passport instead of her biological father's name. Thirdly, Madras High Court after detailed discussion on the requirement and insistence upon by the respondents on mentioning father's name in a person's passport had directed the Ministry of External Affairs to incorporate suitable provision in the passport manual making it optional for the parties to indicate the names of one or more biological parent in the said form. Consequently, the respondents were in essence directed by the Madras High Court to reconsider their requirement of making it mandatory for the applicants to mention the name of their biological father in their application form for issuance of passports. 16. In fact, this Court in Rahul Gupta Vs. Union of India Anr., 2014 SCC OnLine Del 265 has held that Section 17 of the Registration Act, 1908 does not provide for compulsorily registration of an adoption deed. 17. The Supreme Court in ABC Vs. State (NCT of Delhi), AIR 2015 SC 2569 has held that it is not imperative for an unwed mother to specifically notify the putative father of the child who ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ights of the Child in particular its Article 12 which reads as under:- 1. States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child. 2. For this purpose, the child shall in particular be provided the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law. (emphasis supplied) 19. This Court also takes judicial notice of the fact that families of single parents are on the increase due to various reasons like unwed mothers, sex workers, surrogate mothers, rape survivors, children abandoned by father and also children born through IVF technology. 20. Consequently, this Court is of the view that mother's name is sufficient in certain cases like the present one to apply for Passport, especially as a single woman can be a natural guardian and also a parent. 21. This Court further finds merit in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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