Delhi HC: Father’s name can be removed from minor’s passport

Delhi HC high court has said, noting that the Passport Manual, recognises several conditions allowing exclusion of the father’s name from the travel document

A biological father’s name can be removed from a passport if the man has deserted his child, the Delhi high court has said, noting that the Passport Manual, 2020, recognises several conditions allowing the exclusion of the father’s name from the travel document.

The high court ruling comes on a plea by a woman who contended that since she is a single parent and the father has abandoned the child. (HT Photo)

The ruling comes on a plea by a woman who contended that since she is a single parent and the father has abandoned the child, authorities should not insist that the father’s name be mentioned on the child’s passport.

Justice Prathiba M Singh, in her April 19 judgment, said there are myriad situations of matrimonial discord between parents where the child’s passport application may have to be considered by the authorities. “Both the passport manual and the OM (office memorandum) relied upon by the respondents recognise that passports can be issued under varying circumstances without the name of the father. Such a relief ought to be considered, depending upon the factual position emerging in each case. No hard and fast rule can be applied,” the court said.

In her plea, the petitioner woman said her child’s father had deserted the child even before birth, and noted that as per the divorce settlement, the man had neither visitation rights, nor was he paying any alimony for the minor.

Opposing her plea, the Union government said that it is only in the case of “single unwed parents” where the name of the father need not be mentioned. The counsel appearing for the Centre further said that in case of “married parents”, clause 4.3 of the Passport Manual would be applicable and thus the name of the father would have to be mentioned in the passport.

He also relied upon a February 28 office memorandum, which, he said, clarifies that it is only in the case of “an unwed parent” that the name of the father need not be mentioned.

Rejecting this submission, the court said that even a perusal of the memorandum would show that in peculiar cases, where there is no contact of the father with the mother or the child, that the name of the father need not be included in the passport.

Noting the peculiar circumstances of the case, the court noted that as per the settlement entered into by the biological father and the petitioner-mother, the father has given up all rights, if any, towards the child, adding that there is no visitation.

“In the unique and peculiar circumstances of this case, it is accordingly directed that the name of the father of the child be deleted from the passport and the passport be re-issued in favour of the minor child without the name of the father. Needless to add that this order shall not be treated as a precedent,” the court said, directing the petitioner and her child to appear before the Regional Passport Office, Delhi and surrender the passport which has already been issued along with the certified copy of this order.