Karnataka High Court Directs Issuance of Passports to Minors Amidst Matrimonial Dispute

Court mandates compliance with visitation rights and necessary declarations for passport issuance in custody disputes.

In a significant ruling by the Karnataka High Court on November 26, 2025, Justice Suraj Govindaraj addressed the complex issue of passport issuance for minors caught in the crossfire of parental disputes. The court directed the Union of India and associated authorities to process passport applications for two minors, a son and a daughter, whose applications had previously been stalled due to the lack of necessary parental consent amidst ongoing matrimonial disputes.

The judgment arose from two writ petitions filed by the mother of the minors, seeking mandamus orders to expedite the processing of passport applications. The court acknowledged the unique challenges presented by the matrimonial discord between the parents, which had inadvertently dragged the children into legal proceedings.

The case emphasized the necessity for factual declarations and requisite documents, such as custody orders, during passport applications for minors. The court highlighted that applications made by one parent must include truthful declarations regarding the marital status and custody arrangements to avoid complications. It was noted that the mother had initially failed to include the father as a party, which was later rectified.

During the proceedings, the father, represented by counsel, expressed no objection to the issuance and re-issuance of passports for the minors, contingent upon adherence to visitation rights as decreed in an ongoing family court case. This mutual consent formed the basis for the court's directive to issue the passports, provided both parents submit the necessary declarations as outlined in Annexure-D.

Justice Govindaraj's ruling underscored the importance of cooperation between parents in ensuring the welfare and rights of children amidst matrimonial conflicts. The court warned that any non-compliance with the agreed terms could lead to the cancellation or revocation of the passports and potential criminal proceedings under the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Passport Act, 1967.

The decision not only facilitates the immediate needs of the minors for travel documentation but also sets a precedent for handling similar cases where children's rights are entangled with parental disputes. The court's balanced approach seeks to protect the interests of the minors while ensuring that legal processes are respected and followed.

Bottom Line:

Issuance and renewal of passports for minors amidst matrimonial disputes - Court directed issuance/re-issuance of passports for minors subject to compliance with visitation rights and submission of necessary declarations by both parents.

Statutory provision(s): Passport Act, 1967, Bharatiya Nagarik Suraksha Sanhita, 2023

Master Abdul Ahad Azad v. Union of India, (Karnataka) : Law Finder Doc Id # 2817615