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