It was stated by the petitioner that the child was abandoned by its father before its birth. Justice Pratibha M Singh said that in fact it would be a case where the child has been completely abandoned by the father.
Delhi High Court has given an important decision regarding removal of father’s name from passport. If the father has left the wife before the birth of the child, the child’s name can be removed from the passport. While hearing a petition in favor of a single mother, the Delhi High Court directed passport authorities to remove the father’s name from her minor son’s passport.
It was stated by the petitioner (mother) that the child was abandoned by her father before his birth and the child was brought up by her alone. Justice Pratibha M Singh said that in fact it would be a case where the child has been completely abandoned by the father.
In such circumstances, this Court is of the opinion that Clause 4.5.1 of Chapter 8 and Clause 4.1 of Chapter 9 would clearly apply. 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 reissued in favor of the minor child without the name of the father.
The High Court said that in certain circumstances the biological father’s name can be removed and the surname can also be changed. The court noted that both the Passport Manual and the OM relied upon by the respondents hold that passports can be issued without father’s name in different circumstances.
The bench said that such relief has to be considered, depending on the factual situation emerging in each case. No hard and fast rule can be applied. The court noted that there are innumerable situations in the matter of marital discord between parents, where the passport application of the child may have to be considered by the authorities.
A single mother and her minor son had approached the High Court seeking deletion of the name of the minor child’s father from their existing passports. The petitioner had also relied upon the mutual agreement and the fact that the abandonment took place before the birth of the child.
