Biological father’s name can be removed from passport, says Delhi high court

A biological father’s name can be removed from the passport for deserting his child, the Delhi high court has said, while noting that the Passport Manual 2020 clearly recognizes several situations and conditions where the exclusion of the name of the father from a minor child’s passport is permissible.

While directing the passport authorities to remove the name of the biological father from the passport of his minor child who deserted the latter even before his birth, justice Prathiba M Singh said that there are myriad situations in the case of matrimonial discord between parents, where the child’s passport application may have to be considered by the authorities, adding that there is no hard and fast rule that can be applied.

“Both the passport manual and the office memorandum (OM) relied upon by the respondents recognize that passports can be issued under varying circumstances without the name of the father. Such a relief ought to be considered, depending upon the factual position emerging in each case. No hard and fast rule can be applied,” the court said in a judgment of April 19.

The ruling comes on a plea by a woman who had contended that since she is a single parent and the father has completely abandoned the child, adding that the name of the father ought not to be insisted upon by the passport authorities, for being mentioned in the child’s passport.

She further said that the desertion took place even prior to the birth of the child, adding that according to the divorce settlement, the father was neither having visitation rights nor was he paying any alimony for the minor.

Opposing her plea, the union government had said that it is only in the case of “single unwed parents” that the name of the father need not be mentioned.

The counsel had further said that in case of “married parents”, clause 4.3 of the Passport Manual would be applicable and thus the name of the father would have to be mentioned in the passport.

He also relied upon an OM of February 28, 2023 which according to him clarifies that it is only in the case of “an unwed parent” that the name of the father need not be mentioned.

However, rejecting this submission, the court said that even a perusal of the OM would show that in peculiar cases, where there is no contact of the father with the mother or the child that the name of the father need not be included in the passport.

“Wherever the term ‘single unwed parent’ is to be mentioned, the same has specifically been mentioned by the passport authorities. In other clauses the term “single parent” is used,” the court said.

The judge also said that clause 4.3 of the Passport Manual clearly mentions that in the case of married parents the name of the father shall be furnished by the other single parent having the custody of the child, irrespective of the status of the marriage including divorce, divorce pending, separated, among others.

It, however, said that mere furnishing of the name does not result in the conclusion that the name of the father has to be compulsorily mentioned in the passport and it would depend on the circumstances of each case.

Noting the peculiar circumstances of the case, the court noted that according to the settlement entered into by the biological father and the petitioner-mother, the father has given up all rights, if any, towards the child, adding that there is no visitation.

The court agreed with the factual position that the child has also not been brought up by the father and the fact that the minor son is also using the surname of the mother and the maternal grandparents itself shows that the father does not wish to have any concern or relationship with the child.

“In this backdrop, the court notes that the facts of the present case are quite peculiar……No maintenance or alimony has also been paid to the petitioners in this case. In fact, this would be a case where the father has completely deserted the child…”

“In the unique and peculiar circumstances of this case, it is accordingly directed that the name of the father of the child be deleted from the passport and the passport be re-issued in favour of the minor child without the name of the father. Needless to add that this order shall not be treated as a precedent,” the court said in the judgment.

The court directed the petitioner and her son to appear before the Regional Passport Office, Delhi and surrender the passport which was already issued along with the certified copy of this order.