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Minor Zacharia Varghese

High Court Of Kerala|25 June, 2014
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JUDGMENT / ORDER

The minor petitioner through guardian challenges Ext.P7, an order issued by the second respondent based on an Online application submitted by the guardian of the petitioner. The guardian Smt.Rosamma Varghese is not the biological mother of the minor.
2. It is stated that the petitioner is being looked after by his guardian Rosamma Varghese as his mother. Since the guardian intends to go abroad she applied for a passport to take the minor along with her. The Passport Officer rejected the application and made an endorsement in Ext.P7 indicating that a court order for appointing her as guardian for allowing the child to be taken out of the country is necessary. Ext.P3 is an order appointing the petitioner Smt.Rosamma Varghese as the guardian of the minor. Though she is appointed as the Guardian there is no WP(C).No.8133/2014-N.
2 specific mention in the said order that the minor can be taken abroad. If the minor does not have any relatives, it is the duty of the State to protect the minor.
3. Hence I do not think any orders can be passed in this writ petition, accordingly, the same is dismissed. However, the right of the guardian to approach the civil court seeking permission to take the minor abroad is left open.
Sd/-
A.M.SHAFFIQUE, (Judge) Kvs/-
// true copy // PA TO JUDGE.
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Title

Minor Zacharia Varghese

Court

High Court Of Kerala

JudgmentDate
25 June, 2014
Judges
  • A M Shaffique
Advocates
  • A Balagopalan Sri
  • A Rajagopalan
  • Sri
  • M N Manmadan Sri
  • M S Imthiyaz
  • Ahammed