Early Times Report
Jammu, June 14: High court judge Tashi Rabstan today said that mother's name was sufficient in certain cases like the present one to apply for a passport as a single woman can be a natural guardian and also a parent.
The court directive came in a petition, seeking quashment of a communication under reference No SCN/304085684/15 of July 1, 2015 issued by the Regional Passport Office, Jammu, whereby it was informed that as the applicant, who was a minor, had been residing with his mother in Delhi, she could not apply from the jurisdiction of Jammu for the issuance of passport in his favour and a penalty of Rs 5,000 was imposed on her. The applicant, being a minor then filed a petition through his maternal grandfather.
The petitioner's mother was wedded with one Deepak Jalali on February 29, 2004. Out of the said wedlock, Master Saien, the petitioner herein, was born. However, the marriage between the parties could not materialize and it was dissolved, but the petitioner continued to live with his maternal grandfather in Jammu.
Justice Rabstan, after hearing both the sides, held that the mother could act as a natural guardian of her child, inter alia, when the father was indifferent towards the child or if the child was put under custody of mother by mutual understanding between the parents and held that mother's name was sufficient in certain cases like the present one to apply for a passport as a single woman could be a natural guardian and also a parent.
With these observations, the court allowed the petition, quashed the communication and directed the regional passport officer to issue passport in favour of petitioner after going through his school documents that he has been putting up and studying in Jammu and of course after completing other necessary formalities. |
