Petitioner has approached this Court complaining that though he had applied for a passport for his minor daughter Devika Kiran, so far, the respondent authority has not issued the passport. According to the petitioner, the respondent had returned back the application with an endorsement stating that divorce order of the parents has to be produced. 2. Apparently, this is a case in which custody of Devika Kiran has been given to the father, who is the legal guardian of the minor and petitioner's wife was given only visitorial rights. In the joint application filed under Section 13B of the Hindu Marriage Act at paragraph 6, it is clearly indicated that the custody of the child remains with the father, ie. the petitioner, and the mother will have only visitorial rights. It is based on the aforesaid agreement that divorce has been granted.
3. Under these circumstances, despite the fact that a further order of custody has not been passed by the Family Court, it would suffice that the aforesaid agreement between the parties shall remain as an arrangement between the parties regarding custody of the child. In the above circumstances, I am of the view that the respondent W.P(C) No. 11447 of 2014 -: 2 :-
authority ought to have granted the passport in favour of the petitioner without insisting for divorce order of the parents or an order of custody by the child with the father. In the above circumstances, the writ petition is disposed of as under.
The respondent shall re-consider Ext. P8 without insisting for an order of custody on the court and shall issue necessary passport to the minor within one month from the date of receipt of a copy of this judgment.
Sd/- A.M. Shaffique, Judge.
Tds/