Karnataka High Court
WP/38317/2025 of MANOHAR Vs REGIONAL PASSPORT OFFICER on 15 September 2026
CNR: KAHC010820042025 NC: 2026:KHC:50171 WP No. 38317 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 38317 OF 2025 (GM-PASS) BETWEEN: 1. MANOHAR S/O SUNIL SANDEEP AGED ABOUT 16
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 38317 OF 2025 (GM-PASS)
BETWEEN:
1.
MANOHAR
S/O SUNIL SANDEEP
AGED ABOUT 16 YEARS
SINCE MINOR REPRESENTED BY HIS MOTHER
MAHALAKSHMI
2.
MAHALAKSHMI G.
D/O GURUSWAMY
AGED ABOUT 40 YEARS
BOTH ARE RESIDING AT NO.17, 2ND CROSS,
BEHIND BASAVANAPURA GOVT. SCHOOL,
BASAVANAPURA MAIN ROAD,
BANGALORE-560036
…PETITIONERS
(BY SRI. P N VARADARAJ, ADVOCATE FOR
SMT. BHAVYA A C., ADVOCATE)
AND:
1.
REGIONAL PASSPORT OFFICER
REGIONAL PASSPORT OFFICE,
KORAMANGALA
BENGALURU 560095
2.
UNION OF INDIA,
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THROUGH SECRETARY,
MINISTRY OF EXTERNAL AFFAIRS,
NIRMAN BHAWAN
NEW DELHI 110011
…RESPONDENTS
(BY SMT. RESHMA K T., ADVOCATE FOR R1 & R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- QUASH AND SET ASIDE THE IMPUGNED NOTIFICATION
ISSUED BY THE FIRST RESPONDENT IN NO. BN1065212214923
DATED 26.03.2024. DIRECT THE RESPONDENTS TO ISSUE A
WRIT OF MANDAMUS THEREBY DIRECTING THE RESPONDENTS
TO ISSUE PASSPORT IN FAVOUR OF PETITIONER NO. 1
WITHIN THE SPECIFIC PERIOD OF TIME.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
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ORAL ORDER
The present Writ Petition is filed seeking for the following reliefs:
a. Issue of writ of certiorari and quash and set aside the impugned notification issued by the first respondent in No.BN1065212214923 dated 26.03.2024
b. Direct the respondents to issue a writ of mandamus thereby directing the respondents to issue passport
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in favour of petitioner No.1 within the specific period of time
c. Pass any other order that this Hon'ble Court may deem fit in the interest of justice.
2. An application for the issuance of a passport of petitioner No.1 has been made. The respondent No.1- Regional Passport Officer has the communication dated 26.03.2024 (Annexure-A in the writ petition) requiring the petitioners to furnish the signature of the father of petitioner No.1.
3. Learned counsel for the petitioners submits that the marriage between petitioner No.2 and her husband was solemnized on 28.02.2008 a divorce has been granted vide order dated 08.03.2018 passed in M.C.No.661/2013 C/w M.C.No.634/2013, passed by the I Additional Principal Judge, Family Court, Bengaluru (Annexure-B to the writ petition).
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4. However, it is pertinent to note that the said order dated 08.03.2018 does not, in any manner, contemplate any aspect pertaining to the guardianship or custody of the child of the parties concerned, namely, petitioner No.1 herein. In the aforementioned circumstance, no fault can be found with respondent No.1 in issuing the communication dated 26.03.2024.
5. Having regard to the aforementioned, the present writ petition is disposed of, reserving liberty to the petitioners to either secure the signature of the father of petitioner No.1 on the application for issuance of a passport or to avail such remedies as may be permissible under law to enable petitioner No.2 to solely make the application for issuance of the passport of petitioner No.1.
6. All rights of the parties in that regard are kept open to be considered in appropriate proceedings.
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7. In view of the disposal of the appeal, pending interlocutory applications, if any, stand disposed of.
(C.M. POONACHA) JUDGE
SSB