The Kerala High Court has recently directed payment of Rs. 25,000 against litigation expenses from the salary of an Assistant Passport Officer who objected to the re-issunace of passport of the minor daughter of a divorced woman.
At the very outset, the Bench of Justice Amit Rawal added,
“This is a classic case of highhandedness at the hands of the Assistant Passport Officer in raising objections for re-issuance of the passport by a single parent facing a matrimonial discord directing them to approach the court and obtain the court order.”
Additionally, the Court observed that the officers at the helm of affairs exercising the powers for issuing the passport are supposed to deal with the application in a pragmatic and reasonable manner, but should not reject the application in the manner and mode as extracted above.
It was the case of the petitioner’s counsel that the petitioner was already divorced and was a single parent, but despite that, the aforementioned noting was put by the Passport Officer. Further, it was argued that there was already a form Annexure 'C' enclosed with the passport form which was already filled by the petitioner giving an undertaking that the entire responsibility would be of her as there was already an order of divorce. But despite that, objections were raised, argued the counsel.
Per contra, it was submitted on behalf of the ASGI that during the pendency of the writ petition, respondents processed the application of the petitioner and the passport shall be reissued in the name of the minor child namely.
The Court opined that the Court came across similar litigation whereby the petitioners/ applicants for re-issuance of passport particularly either of the parents who were facing the matrimonial discord or were already separated, were compelled to approach the Court for an appropriate order, despite filling the form Annexure ‘C’.
Further, the Court also opined,
Knowing fully well that this Court would have expressed concern with regard to the spate of litigation and may come down heavily on the action of the respondents, in anticipation of that processed the application of the petitioner, but for redressal of the grievance, is impelled to shell out litigation expenses.”
In view of the statement made on behalf of the Passport Officer, the Court opined,
“the application has been processed and passport shall be issued, this Court is sanguine of the fact that the passport shall be issued within a period of one week from today. But, it would be subject to the cost of the litigation of Rs.25,000/- to be paid by respondent No.3 from his own salary.”
Thus, giving relief to the petitioner, the Court ordered this order to be circulated to all the passport officers who were raising such type of objections compelling the affected parties to approach the Court for no rhyme and reasons.
Case Details
Case Name: Shiny Shukoor v. Union of India & Ors.
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(With input from news agency language)
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