In, Poulami Basu vs The Government of India, A Single Bench of Karnataka HC has held that, right to travel abroad is a fundamental right guaranteed under Article 21 of the Constitution of India. And, where the custody of child is exclusively granted to mother by the family court then, Passport officer cannot insist upon the presence or consent of the father of the ward
Facts
The present writ petition is filed under Article 226 & 227 of constitution of India. The short grievance of the 2nd petitioner is as to pendency of Passport application in respect of her minor ward i.e., 1st petitioner whose exclusive custody has been accorded to her by the Family Court.
Hence, Petitioner is before Karnataka HC praying to direct the respondent to accept the application to issue the passport without mentioned the name of her father or his presence.
Contention Made
Petitioner: That once exclusive custody is granted by the Family Court, the Regional Passport Officer is not justified in insisting upon the presence of father of the ward or for his consent and therefore, the passport must be granted sans such an insistence.
Respondent’s: That the grant of Passport is regulated by the Passport Act, 1967 and the Manual issued there under which has got statutory force.
Further, that the Manual prescribes consent of the estranged husband as a precondition for the grant of Passport. The said paragraph having not been challenged, the petition is liable to be rejected.
Court Observation
The Single Bench of Karnataka HC has observed that, The Apex Court in Maneka Gandhi vs Union of India, (1978) 1 SCC 248, observed that the right to travel abroad is a fundamental right guaranteed under Article 21 of the Constitution of India. That being the position, the respondents have to interpret their legal literature consistent with the same.
Further bench observed, the Family Court has also granted a Divorce Decree in the subject matrimonial cause whereby limited visitation rights have been accorded to the ex-husband of the 2nd petitioner i.e., father of the ward. However, mere grant of Passport would not per se result into curtailment of visitation rights as such.
Court Judgment
The Karnataka HC while allowing the present petition has held that Regional Passport Officer is directed to consider the subject application for Passport sans insisting upon the presence or consent of the father of the ward i.e., ex-spouse of the 2nd petitioner.
Case: Poulami Basu vs The Government of India
Citation: WRIT PETITION NO.14716 OF 2022(GM-PASS)
Bench: Justice Krishna S. Dixit
Decided: 24th August, 2022
Read Judgment @Latestlaws.com
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