Madras High Court

WP/43083/2026 of MR.IVAN THRISHUL SARASWATHI Vs THE REGIONAL PASSPORT OFFICER on 28 October 2026

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WP No. 43083 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-10-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA

WP No. 43083 of 2026

CNR:{HCMA012446982026}

Minor.Ivan Thrishul Saraswathi

Rep. by his mother Ms.Saraswathi Raju

(Natural Guardian),

8/42 Nair Varadha Pillai Street,

Royapettah, Chennai 600014.

..Petitioner

Vs

1. The Regional Passport Officer

Regional Passport Office,

No.785 Rayala Towers,

4th Floor, Anna Salai,

Triplicane, Chennai 600002.

2. The Inspector of Police

E-2 Police Station, Royapettah

Chennai - 600014.

..Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to consider and process the Application bearing File No. MAE066839857926 submitted for issuance of passport of Minor Ivan Thrishul Saraswathi within a time limit to be stipulated by this Court.

For Petitioner:

Mrs.Rita Chandrasekar

of M/s.Aiyar and Dolia

WP No. 43083 of 2026

For Respondent(s):

Mr.V. Chandrasekaran,

Central Government Standing Counsel for R1

Mr.Durai Gunasekaran

Government Advocate (Crl Side) for R2

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ORDER

The writ petition is filed seeking a mandamus to the first respondent to consider and process the application in File No.MAE066839857926 for issuance of passport to Minor. Ivan Thrishul Saraswathi, within the time frame to be fixed by this Court.

2. The minor represented by his mother and natural guardian, has filed the above writ petition seeking issuance of passport. The case of the petitioner is that out of the wedlock with Santiago John Mohan on 25.02.2007, a boy was born on 13.03.2014. He was named as Ivan Thrishul Saraswathi. However, due to matrimonial dispute they got separated and the marriage was dissolved by a decree of divorce in O.P.No.3832 of 2017 on the file of V Additional Family Court, Chennai. The Court had directed the father to pay maintenance of Rs,10,000/- for the minor child, however, the father had defaulted. The petitioner had the permanent custody of the child and the father had the visitation rights. Thereafter, the father had filed OP.No.17 of 2020 seeking permanent custody of the child, however, the said original petition was

WP No. 43083 of 2026

withdrawn by him on 29.04.2026 and thereafter, he never attempted to visit the child.

3. It is the further case of the petitioner that on 18.05.2026, she had submitted an application along with necessary documents, seeking passport for her minor son before the first respondent and same was pending in File No.MAE066839857926. The petitioner would submit that her application was kept on hold by the first respondent for want of consent letter from the father of the child. The grievance of the petitioner is that though the first respondent had the knowledge of dissolution of marriage and that the permanent custody sought by the father had been withdrawn by him, by way of documents submitted by her along with the application, and that the second respondent, under whose jurisdiction the petitioner reside, based on the instructions of the first respondent, had also carried out the verification on 19.05.2026, however, the first respondent is still insisting that the petitioner should produce the consent letter from the father of the child. This, the petitioner would state, is unnecessary.

4. Aggrieved by the acts of the respondents, the petitioner had caused a legal notice on 31.08.2026 calling upon the first respondent to issue passport to her minor son, which was also acknowledged by the first respondent on 02.09.2026. In reply, the petitioner received an email from the first respondent on

WP No. 43083 of 2026

01.10.2026 stating that the application contains only the divorce order and there is no reference to the custody of the child in the said divorce order. The petitioner had also sent a reply email on 02.10.2026, narrating the aforesaid facts, despite which, there is no response from the respondents.

5. Heard the learned counsels on either side and also perused the materials placed on record.

6. A perusal of the order passed by the V Additional Family Court, Chennai, in O.P.No.3832 of 2017, indicates that the marriage between the petitioner and the child’s father was mutually dissolved and the father had agreed to pay a sum of Rs.10,000/- for the maintenance of the child, and coupled with this, his application O.P.No.17 of 2020 seeking custody, clearly indicates that the petitioner-mother is having the custody of the child. The said O.P.No.17 of 2020 was withdrawn at the behest of the child’s father in and by which the father had given up his right to the minor's custody. Therefore, a mandamus is issued to the first respondent to process the application in File No. MAE066839857926 and issue passport in the name of minor Ivan Thrishul Saraswathi, within a period of two weeks from the date of receipt of a copy of this order, without insisting for a consent letter / signature from the father of the child, who admittedly has withdrawn the O.P.No.17 of 2020 seeking permanent custody of the child.

WP No. 43083 of 2026

7. With the above observation and direction, the writ petition is disposed of. No costs. Post on 20.11.2026 for reporting compliance. 28-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No DS Note : Issue order copy on 29-10-2026 To:

1. The Regional Passport Officer Regional Passport Office, No.785 Rayala Towers, 4th Floor, Anna Salai, Triplicane, Chennai 600002.

2. The Inspector of Police E-2 Police Station, Royapettah Chennai - 600014.

WP No. 43083 of 2026

P.T.ASHA J. DS WP No. 43083 of 2026 28-10-2026

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