Case Law Details
Chaitanya S.Nair (Minor) Vs Union of India (Kerala High Court)
Parents of the petitioner had divorced by mutual consent and the custody of the petitioner was given to the mother. Though the biological father has been given visitorial rights, that right is at the convenience of the parties. The third respondent has submitted in Court that he has no objection to the child being taken abroad by the mother, and to live there. None of the parties could bring to the notice of this Court any legal prohibition in incorporating the name of a non-citizen as the legal guardian in the passport of a minor child. In view of the above, this Court holds that the passport of the petitioner can be issued with the name of the mother as legal guardian.
While considering the issues mentioned, this Court was mindful of the fact that the petitioner, though a minor and a child, is still “someone, even today”. Petitioner’s right to travel, her right to enjoy her nationality and her right to enjoy her citizenship cannot be ignored.
In conclusion, this Court is of the opinion that petitioner is entitled to be issued with an Indian passport with the name of her mother endorsed not only as a mother but even as the legal guardian in the passport to be issued.
FULL TEXT OF THE JUDGMENT/ORDER OF KERALA HIGH COURT
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