The Gujarat High Court held that a mother who is separated but not formally divorced from her husband may obtain a passport for her minor child without the father’s consent, interpreting Sections 4(A)(3)(a) and 4(3) of Schedule-III and Schedule-II of the Passport Rules, 1980. The Court directed the Regional Passport Authority to issue/re-issue the passport of Jia Maulik Thakkar within eight weeks of receiving the order, making the rule absolute.
Background & Facts
The Dispute
The petitioner, Shital Maulik Thakkar, mother of minor Jia Maulik Thakkar (born 8 September 2011), sought a writ of mandamus compelling the Regional Passport Authority to issue/re-issue a passport for her child as a single parent, since she could not obtain the father’s consent due to serious marital disputes.
Key Facts
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The minor child, Jia Maulik Thakkar, was born on 8 September 2011.
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The petitioner resides with the child and has continuous care, custody and supervision.
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The petitioner is separated from her husband but not formally divorced.
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Despite repeated attempts, the petitioner could not secure the husband’s consent for the child’s passport renewal.
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The petitioner approached the Regional Passport Authority for passport issuance/re-issuance under the Passport Rules, 1980.
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The authority insisted on the father’s consent or a court order, relying on an internal caution.
Procedural History
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16 October 2026: Date of the judgment under analysis.
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The matter was taken up for final hearing after waiver of notice by the respondent’s advocate.
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The Court heard oral arguments and delivered an oral judgment on the same date.
Relief Sought
The petitioner prayed for:
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Admission and allowance of the present petition under Article 226 of the Constitution.
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Issuance of a writ of mandamus or any appropriate writ/order/direction commanding the respondent to forthwith process and issue/re-issue the minor child’s passport without insisting on the other parent’s consent.
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Grant of ad-interim relief in terms of the aforementioned direction pending final disposal.
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Such other and further reliefs as may be deemed fit in the interest of justice.
The Legal Issue
The central question was whether Sections 4(A)(3)(a) and 4(3) of the Passport Rules, 1980 permit a single parent who is separated but not formally divorced to apply for a minor’s passport without the consent of the other parent.
Arguments Presented
For the Petitioner
The petitioner contended that Section 4(A)(3)(a) of Schedule-III allows a single parent to attach Annexure C (separated but not divorced) or Annexure G (single parent/legal guardian) and that Section 4(3) of Schedule-II expressly recognises a separated but not divorced single parent as eligible to endorse consent for a minor’s passport. Accordingly, the Regional Passport Authority’s insistence on the father’s consent was contrary to the plain language of the rules and violated the petitioner’s rights as the natural guardian.
For the Respondent
The respondent’s advocate, Mr Pradip D Bhate, waived service of notice and did not oppose the petition on merits, implicitly accepting that the authority’s internal caution lacked statutory support.
The Court's Analysis
The Court examined the relevant provisions of the Passport Rules, 1980. It noted that Section 4(A)(3)(a) of Schedule-III requires a declaration from the parents/single parent/applicant parent/legal guardians, with Annexure C designated for single parents who are separated but not formally divorced. Furthermore, Section 4(3) of Schedule-II states that a single parent who is separated but not formally divorced is also eligible to endorse consent and apply for a minor’s passport. The Court observed that the authority’s requirement of the father’s consent or a court order was not founded in the rules but merely an internal precaution. Consequently, the Court held that the petitioner, as a separated but not divorced single parent, was entitled to submit her application under the said provisions and that the authority must consider it without demanding the father’s consent.
"Accordingly, this Court is inclined to direct the respondent authorities to consider the application preferred by the petitioner as a single parent and issue new passport (renew) to the minor child of the petitioner viz. "Jia Maulik Thakkar", as expeditiously as possible, preferably within a period of eight weeks from the date of the receipt of the copy of the order."
The Verdict
The petitioner succeeded. The Court allowed the writ petition and directed the Regional Passport Authority to issue/re-issue the passport of Jia Maulik Thakkar (born 8 September 2011) within eight weeks of receiving the copy of the order; the rule was made absolute and direct service permitted.
What This Means For Similar Cases
Single Parent Passport Eligibility
A mother or father who is separated but not formally divorced may now rely on Sections 4(A)(3)(a) and 4(3) of the Passport Rules, 1980 to obtain a minor’s passport without the other spouse’s consent, removing a common procedural hurdle.
Authority Must Consider Application Without Consent
Passport authorities cannot insist on spousal consent or a court order when the applicant qualifies as a single parent under the aforementioned provisions; any such demand is unsupported by law.
Timely Compliance Required
The Court’s direction to act within eight weeks sets a benchmark for administrative responsiveness; practitioners should monitor compliance and seek contempt proceedings if the authority delays beyond the stipulated period.
