High Court Kerala High Court

Kanjirathingal Abdul Khader … vs The Passport Officer on 19 June, 2009

Kerala High Court
Kanjirathingal Abdul Khader … vs The Passport Officer on 19 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16700 of 2009(F)


1. KANJIRATHINGAL ABDUL KHADER NISSAR,
                      ...  Petitioner

                        Vs



1. THE PASSPORT OFFICER,
                       ...       Respondent

                For Petitioner  :SRI.P.M.ZIRAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :19/06/2009

 O R D E R
                       V.GIRI, J.
         ----------------------------------------
               W.P.(C).No.16700 of 2009
         ----------------------------------------
         Dated this the 19th day of June, 2009.


                      JUDGMENT

Petitioner is the holder of an Indian

Passport, which is valid upto 11.10.2009. The

petitioner had earlier married a lady by name Safia

as per the religious rites and rituals applicable to the

Muslim Community. Dispute arose between the

spouses. Later, the petitioner divorced his wife by

saying ‘Talaq’ on 19.3.2009 as evidenced by Ext.P1.

The Jama ath Committee of the Juma Masjid,

Kunnatheri, Thayikkattukara issued a certificate on

31.5.2009 verifying this fact. Ext.P3 agreement was

also executed between the petitioner and his wife.

The petitioner has sought for deletion of the name of

his wife from the passport. He submitted Ext.P5

application in this regard. This writ petition has

been filed expressing an apprehension that the

respondents may insist on a formal decree of divorce

before dealing with the application correction as

W.P.(C).No.16700 of 2009

:: 2 ::

sought for by the petitioner. The issue whether a

decree of divorce is necessary in cases dealing with

an application for correction of passport submitted

by the persons belonging to Muslim Community has

been considered by me in detail in W.P.(C)

No.34730/08. It has been held as follows in

paragraph 5 of the said judgment:

“5. Authentication of divorce by

competent court is one of the methods of

proving a divorce or even the existence of a

re-marriage. But it is not the only method.

Divorce resultant upon a ‘talak’ pronounced

by her husband is a mode of divorce that is

accepted in the Muslim Community. An

affirmation of the state of affairs by a sworn

affidavit in the form ‘Annexure A’ would

suffice going by Clause 7 of Ext.R1(a). It is

affirmed that State Government does not

propose to make any addition to what is

already mentioned as due procedure under

Ext.R1(a).”

The facts of the present case are similar to those

considered in the aforementioned judgment.

W.P.(C).No.16700 of 2009

:: 3 ::

3. Heard learned counsel representing the

Assistant Solicitor General also.

In these circumstances, the writ petition is

disposed of directing the 1st respondent to deal with

Ext.P5 application, in the manner provided in the

Passport Information Booklet. The petitioner and his

former wife referred to in Ext.P3 shall file sworn

affidavit. Thereupon, the application shall be dealt

with on merits by the 1st respondent.

Sd/-

(V.GIRI)
JUDGE
sk/

//true copy//

P.S. to Judge