The petitioner is the holder of Indian Passport bearing No.R 696736 which expired on 16.3.2004. The petitioner filed an application for reissue of passport. Ext.P4 is the passport. The marital status in the application for reissue was shown as 'divorced'. However the application was not considered as it was not supported by the documents relating to divorce.
2. The petitioner is a Muslim and follows the Personal Law of Muslims in India. As per the Personal Law, divorce can be effected without intervention of the court. The petitioner affirms that she is a divorcee. Notice was issued to her former husband, the third respondent. The third respondent refused to receive the notice. Therefore affirmation made by the petitioner in this writ petition can be relied upon. The petitioner also relies on Ext.P2, which is the certificate issued by the Koorkenchery Muslim Jama-ath. Though Ext.P2 cannot be taken as a piece of evidence to substantiate the claim of divorce, that can be relied on based on the affirmation made by the petitioner.
W.P.(C)No.22909 of 2014 2
3. In view of the above facts and circumstances, there shall be a direction to the passport authority to consider the application in accordance with law without insisting for production of any documents to evidence divorce. Needful shall be done within a period of four weeks.
The writ petition is disposed of as above.
vpv Sd/-
A.MUHAMED MUSTAQUE JUDGE