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The Bombay High Court on Thursday provided relief to a 16-year-old student from Pune who is aspiring to attend an international academic programme in Japan, by clearing the way for the issuance of a passport to her. The court directed the Region Passport Office in Pune to issue a passport to the student.
The court intervened after the minor’s application was stalled due to her father’s objection, despite her mother’s legal guardianship and compliance with relevant procedures.
The student, being a minor, required the permission of both her parents to get a passport issued to her by the competent authority.
The case was filed by the girl’s mother, who cited the refusal of the father to provide consent for the passport. The minor had scored over 90 percent marks in her Class X examinations and was nominated for the prestigious Sakura Science High School Programme in Japan. However, the absence of her father’s consent threatened to derail this opportunity.
Advocate Balasaheb Ligade, appearing for the girl’s mother, argued that the ongoing marital disputes, including domestic violence cases and divorce proceedings, made it impractical to seek her estranged husband’s approval for the passport.
It was submitted that there is a provision for using a declaration which allows one parent to apply for a minor’s passport in cases of separation or legal conflict.
Despite the legal provision in place for the issuance of a passport to a minor in these kinds of cases, the Regional Passport Office insisted on obtaining the father’s consent, issuing a communication on November 18, 2024, that halted the application process.
The High Court bench, comprising Justices GS Kulkarni and Advait Sethna, noted the student had a right to personal liberty and travel as enshrined under Article 21 of the Constitution.
The court emphasised that such rights cannot be curtailed due to unresolved parental disputes. Referring to the Passport Act, the judges stated that no legal grounds justified the denial of the student’s passport based on her father’s objection.
Observing that a mechanical approach by passport authorities could have severe consequences for the students’ future, the court set aside the communication from the Regional Passport Office.
The court has given two weeks’ time for the passport office to issue a passport to the student.
