Court Affirms Fundamental Right to Travel Abroad for Minor Children under Custody of Single Parent
In a landmark judgment delivered on May 1, 2026, the Andhra Pradesh High Court, presided over by Justice Battu Devanand, ruled that a single parent is entitled to apply for a passport for their minor child without the consent or signature of the other parent. The court held that this right is subject to the provision of prescribed annexures and the absence of any prohibitory orders from a competent authority, reinforcing the fundamental right to travel abroad under Article 21 of the Indian Constitution.
The case, "Shaik Shabana v. Union of India," revolved around the petition filed by Shaik Shabana, who sought a writ of mandamus against the Union of India and others for not processing and issuing a passport for her minor daughter, Ayra Mulla. The petitioner, a single parent living separately from her husband due to matrimonial disputes, had applied for her daughter's passport without her husband's signature. Despite providing declarations in Annexure-C and D, the passport authorities insisted on divorce or judicial separation documents, which the petitioner had not pursued due to ongoing criminal cases against her husband.
In its decision, the High Court referred to judgments from various High Courts, including the Bombay, Telangana, and Madras High Courts, which consistently held that a single parent with custody of a minor child could apply for a passport without the other parent's consent. The court noted that such insistence on the other parent's consent was arbitrary and violative of Article 21, which guarantees the right to personal liberty, including the right to travel abroad.
Justice Devanand directed the passport authorities to process the application submitted by Shaik Shabana and issue the passport within two weeks, emphasizing that neither the Passports Act, 1967, nor the Passport Rules, 1980, imposes a statutory requirement for both parents' consent in such cases.
The judgment underscores the importance of recognizing the rights of single parents and their minor children, ensuring that procedural formalities do not impede fundamental constitutional rights. This decision is expected to have far-reaching implications for similar cases across the country, setting a precedent for the issuance of passports to minor children under the custody of a single parent.
Bottom line:-
A single parent is entitled to apply for a passport for their minor child without the consent or signature of the other parent, provided the prescribed annexures are furnished and no prohibitory order exists from a competent authority.
Statutory provision(s): Article 21 of the Constitution of India, Passports Act, 1967 Sections 5, 6.
Shaik Shabana v. Union of India, (Andhra Pradesh) : Law Finder Doc id # 2892527
