Telangana High Court
WP/36348/2025 of Naziya Firdous Vs The Union of India on 9 January 2026
FRIDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION NO: 36348 OF 2o2s Between: Naziya Firdous, W/o. Mohd Khaleel, Aged about 33 years, Occ ; Household, R/o. H.No. Plot No.27, IrilM l\/anzil, Happy Homes Colony, Upparpally,
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FRIDAY, THE NINTH DAY OF JANUARY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO: 36348 OF 2o2s
Between:
Naziya Firdous, W/o. Mohd Khaleel, Aged about 33 years, Occ ; Household, R/o.
H.No. Plot No.27, IrilM l\/anzil, Happy Homes Colony, Upparpally, Ranga Reddy District.
.....PETITIONER
AND
1. The Union of lndia, Rep. by its Principal Secretary, lt/inistry of External Affairs, Central Secretariat, New Delhi.
2. The Regional Passport Officer, Regional Passport Office, Hyderabad.
3. Mohammed Khaleel, S/o Mohammed lqbal, Aged about 42 years, Occ Driver Rl/o H.No. 8-2-64411/105, 1st floor, Hi-line complex, banjara hills road no. 12 Hyderabad 500034.
(R3 is impleaded as per Court Order dated 12-12-2025 in l.A.No.2 /2025)
.....RESPONDENTS
Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents herein more particularly 2nd Respondent for not processing the application of the Petitioner's minor son ABUBAKAR SIDDIQ thereby withholding the passport application on the pretext 'furnish child custody documents or father consent' is as illegal, arbitrary, contrary to law and violative of Articles 14, 15, 16 and 21 of the Constitution of lndia apart from being violative of principle of natural justice and consequently direct the 2nd Respondent to consider the passport application of the Petitioner s IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
minor son ABUBAKAR SIDDIQ'without insisting on child custody documents or the father's consent, in the interest of justice.
l.A.NO:1 OF 2025
Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd Respondent to consider the passport application of the Petitioner's minor son 'ABUBAKAR SIDDRY without insisting on child custody documents or the father's consent. Pending disposal of the main writ petition, in the interest of justice.
Counsel for the Petitioner : SRI MD. JAHED ALI
Counsel forthe Respondent Nos.1 & 2:SRl N.BHUJANGA RAO, DEPUW
SOLICITOR GENERAL OF INDIA
Counsel for the lmplead Respondent No.3 : - The Court made the following ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION No.36348 OF 2025
DATE OF ORDER: 09.01.2026
Between:
Naziya Firdous
. . . Petitioner
AND
The Union of lndia and others
...Respondents
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ORDER
The petitioner is aggrieved by the action of the respondent- Passport Authority in not processing the application of her minor son "Abubakar Siddiq" by rnsisting for'furnish child custody documents or father consent'.
2. Heard Sri Mohd. Jahed Ali, learned counsel for the petitioner and learned counsel for the petitioner and Sri N. Bhujanga Rao, learned Deputy Solicitor General of lndia, appearing for respondent Nos.'1 and 2. .,.3 Learned counsel for the petitioner submits that the issue involved in the present Writ Petition is squarely covered by the order dated 31 .10.2025 passed by this Court in W.P. No. 5451 of 2025
4. Learned Standing Counsel appearing for the respondents does not dispute the said submission.
- tvt) \n j6it8 l0:5 \8K r
5. This Court allowed the Writ Petition No.5451 of 2025 by order dated 31 10.2025 by observing as follows.- "13. ln the light of the above, this Court is of the opinion that petitioner's Application for issuance of passport for lhe minor children should be allowed. Petitioner, as the primary caretaker, made a compelling case for children's right to travel ahroad with their maternal grandparents. The refusal of the 3'd respondent's consenl does not invalidate petitioner's Application, especiatty when the 3'd respondent has shown no interest in the children's welfare and has not fulfilled his parental duties.
14. The Writ Petition is therefore, allowed directing official respondents to issue passporf to petitioner's minor grand children Abdul Raafay Syed and Abdul Waasey Javid Syed, in accordance with law. A/o costs. "
6. Accordingly, the present Writ Petition also stands,allowed for reasons alike in W P.No.5451 of 2025, dated 31.10.2025 and the Respondent-Pa ssport Authority shall process the Passport Application of the petitioner's minor son'Abubakar Siddiq' expeditiously in accordance with the Passport Rules, for issuance of Passport within a period of two weeks from the date of receipt of copy of this order. No costs.
7. As a sequel, miscellaneous applications pending, if any, in this Writ Petition. shall stand closed. //TRUE COPY' SD/.P. PONNA KRISHNA ASSISTANT REGISTRAR SECTION OFFICER The Principal Secretary, Union of lndia, Ministry of External Affairs' Central Secretariat, New Delhi. i;;' R;;i;;ri F;ssport off icer, Resional PgssPort- office, Hvderabad' one cito sRl I\4D.JAHED ALl, Advocate [oPUC] - - 5;; cc i" sni NsiuLANce nno, DEPI]TY soLlclroR GENERAL oF lNDIA, Advocate [OPUC] Two CD Copies \* To
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HIGH COURT DATED:0910112026
ORDER
WP.No.36348 of 2025 ALLOWING THE W.P WITHOUT COSTS. @w