Court Orders Affidavit to Omit Father's Name in Passport The court directed the Petitioner's mother to submit an affidavit confirming her intention not to remarry and to inform the Passport Authority if she ...
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Court Orders Affidavit to Omit Father's Name in Passport
The court directed the Petitioner's mother to submit an affidavit confirming her intention not to remarry and to inform the Passport Authority if she plans to remarry. Based on the mutual divorce decree, the court applied Clause 3.2(a) of the 1999 instructions, allowing for the omission of the father's name in the passport upon submission of the affidavit. The Petition was disposed of with instructions for the affidavit submission, directing the Regional Passport Officer to leave the father's name blank in the Petitioner's passport upon compliance.
Issues involved: Petition for passport issuance without father's name indication.
Comprehensive details:
1. Issue of Clause Interpretation: The Petitioner, a minor through her mother, seeks a passport without indicating the father's name. The Respondents relied on Clause 4(2) of the Instructions dated 5th October 2009, which applies post-remarriage after divorce. However, the Petitioner's mother has not remarried after divorce, making this clause inapplicable.
2. Affidavit Submission: The Petitioner's mother is willing to provide an affidavit to the Passport Authority, confirming her intention not to remarry. She also agrees to inform the Passport Authority in advance if she plans to remarry, as stated by the Petitioner's counsel.
3. Reference to Previous Instructions: The Respondents enclosed another set of instructions in a reference letter issued on 21st April 1999. Clause 3.2(a) of these instructions addresses cases involving children born out of wedlock or with a single parent. It specifies the procedure for cases where the father's identity is unknown or where the father has terminated the relationship with the mother after conception.
4. Application of Instructions: Considering the mutual divorce decree issued by the civil court in 2007, the Petitioner's case falls under Clause 3.2(a) of the instructions dated 21st April 1999. This clause allows for the omission of the father's name in the passport upon submission of the required affidavit by the mother.
5. Directive for Affidavit Submission: The Petitioner's mother is directed to present an affidavit sworn before a Magistrate in accordance with Clause 3.2(a) to the Regional Passport Officer within two weeks. This affidavit should also include a commitment to inform the RPO if she plans to remarry. Upon submission of this affidavit, the RPO is instructed to leave the father's name blank in the Petitioner's passport within an additional two-week period.
6. Disposition of Petition: The petition is disposed of with the above directions, ensuring compliance with the necessary procedures for issuing the passport without indicating the father's name.
7. Order for Counsel: Dasti order is issued to the counsel for the parties for further action.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 
Join Channel
TaxTMI 
