High Court Kerala High Court

Shajitha vs The Regional Passport Officer on 21 July, 2010

Kerala High Court
Shajitha vs The Regional Passport Officer on 21 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21762 of 2010(U)


1. SHAJITHA, AGED 29 YEARS,
                      ...  Petitioner

                        Vs



1. THE REGIONAL PASSPORT OFFICER,
                       ...       Respondent

2. UNION OF INDIA REPRESENTED BY THE

                For Petitioner  :SRI.NOUSHAD THOTTATHIL

                For Respondent  :SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :21/07/2010

 O R D E R
                             S.SIRI JAGAN, J.

                       ==================

                        W.P.(C).No. 21762 of 2010

                       ==================

                   Dated this the 21st day of July, 2010

                             J U D G M E N T

The petitioner is the holder of passport bearing No.G 0858110

issued by the Regional Passport Officer, Kochi. At the time of obtaining

passport, the petitioner was married to one Mr.Ansari. Hence the

name of the petitioner is shown in her passport as “Shajitha Ansari”.

Subsequently, the said Ansari divorced the petitioner by pronouncing

Talak and then she married one Mr.Shajeed Abdul Aziz. The second

marriage was duly registered in the Pathiyoor Grama Panchayat in

accordance with the Kerala Registration of Marriages (Common) Rules,

2008. In view of the divorce and subsequent marriage, the petitioner

wanted appropriate changes in her name in the passport, for which she

applied. Since no favourable orders have been passed, the petitioner

has filed this writ petition.

2. I have heard the learned Assistant Solicitor General also,

who submits that if the petitioner’s former husband files a sworn

affidavit, the same would be duly considered.

3. I do not think that the Passport Officer can take such a

stand, putting the petitioner to the mercy of her former husband. If

the contention of the Passport Officer is accepted, then if the former

husband does not oblige the petitioner, which is a distinct possibility,

w.p.c.21762/10 2

the petitioner can never get the passport corrected appropriately. In

the above circumstances, I am of opinion that the Passport Officer

should consider the petitioner’s application on the petitioner filing an

affidavit producing documents in support of her divorce and

remarriage. Accordingly, this writ petition is disposed of with the

following directions:

If the petitioner files an sworn affidavit, producing along with it

evidence regarding divorce of her marriage with Mr.Ansari and

remarriage with Mr.Shajeed Abdul Aziz, the Passport Officer shall

consider the petitioner’s application for correction of her spouse’s

name in the passport and other details thereof earlier entered based

on the former marriage and pass just and proper orders thereon, as

expeditiously as possible, at any rate, within two weeks from the date

of receipt of a certified copy of this judgment.

Sd/-

sdk+                                              S.SIRI JAGAN, JUDGE

          ///True copy///




                               P.A. to Judge