VIJAYAWADA: In a significant relief to single mothers facing difficulties in obtaining passports for their minor children, the Andhra Pradesh High Court has ruled that a single mother has the legal right to apply for a passport for her minor child without obtaining the consent or signature of the father.Justice Battu Devanand delivered the ruling while allowing a writ petition filed by a woman from Nellore district and directed the Regional Passport Officer, Vijayawada, to process her daughter’s passport application and issue the passport within two weeks.
The petitioner, Shaik Shabana of Sarvepalli in Nellore district, has been living separately from her husband since 2022 due to matrimonial disputes. She had also initiated criminal proceedings against him, alleging harassment. Although divorce proceedings are yet to be completed, she applied for a passport for her four-year-old daughter in August last year, declaring herself a single mother.
Along with the application, Shabana submitted the mandatory Annexure-C and Annexure-D declarations prescribed under passport rules, explaining the absence of the father’s consent. However, passport authorities reportedly kept the application on hold and sought either the father’s signature or legal documents relating to divorce or judicial separation.
During the hearing, the passport authorities argued that consent from both parents was generally required for issuing a minor’s passport. However, the court observed that the petitioner had already complied with the prescribed rules by submitting the required declarations and disclosing the pending matrimonial dispute.
Justice Devanand held that once the prescribed annexures are furnished and there is no restraining order from any court or competent authority, a single mother is fully entitled to apply for a passport for her minor child without the father’s consent. The court directed the authorities to issue the passport in two weeks.
