P&H HC directs Passport Authority to issue new passport after substituting step-mother’s name with biological-mother’s name

The Punjab & Haryana High Court, Chandigarh, issued these directions in a petition filed under Articles 226/227 of the Constitution of India, for the issuance of a writ in the nature of Mandamus, for directing the Regional Passport Officer, Chandigarh (“Respondent”) to issue a fresh passport to the petitioner after substituting her step-mother’s name with the name of her biological mother.

The facts of the case

· The petitioner’s mother (i.e. “biological mother”) had unfortunately passed away, when the petitioner was a minor. And subsequently, the father of the petitioner remarried with another woman (i.e. “step-mother”).

· When the petitioner was 13 years old, her father applied for issuance of her passport, by mentioning her mother’s name as that of her step-mother.

· The respondent (i.e. Regional Passport Officer, Chandigarh) had issued the passport reflecting mother’s name as that of petitioner’s step-mother, as applied for.

· The petitioner, in March, 2020, was granted admission in MBA Course in Olin Business School, Saint Louis by the Washington University, whereupon the petitioner deposited the fees as per the requirement of the University.

· The petitioner’s biological mother’s name is mentioned in all her educational certificates, as well as the other important documents, such as Aadhar Card, etc.

· With a view to avoid any difficulty during petitioner’s travel or studies abroad, the petitioner made a representation to the respondent, requesting therein to substitute her

biological mother’s name in place of her step mother’s name, in the passport. However, the respondent did not do so.

· Therefore, the petitioner moved a writ petition in the Hon’ble High Court, in the nature of mandamus, for the issuance of the needful directions to the respondent.

Arguments advanced by the counsel for the Respondent (i.e. Regional Passport Officer)

· The counsel for the respondent submitted that in terms of the guidelines contained in the Passport Manual, when a child applies for the passport after attaining majority, he/she has the option to make changes in the particulars, at that time.

· He contended that the petitioner also applied for the issuance of passport, after she attained majority, and at that time she had the opportunity to make desired changes in any particular.

· The respondent’s counsel relied upon Clause 4.12 of Chapter-9 of the guidelines in the Passport Manual, which specifically states that the name of the step-mother can be written in the passport of the minor, against the column of mother, on the submission of death certificate of biological mother, but when the child applies for the passport for the first time upon attaining majority, he/she has the option to retain either of the name of the biological mother or the step-mother, as recorded in his/her birth certificate or educational certificate, but such changes cannot be incorporated thereafter.

The Order of the High Court

The Hon’ble Punjab & Haryana High Court, Chandigarh, after considering the submissions made by the counsel for the parties, directed the respondent, to process the request of the petitioner and issue a fresh passport to her by reflecting her biological mother’s name, in place of her step-mother’s name, in the passport, within a period of ten days.

The HC passed this order, while observing that the Passport Manual merely contains the guidelines, and thus the same cannot be used to deny the mentioning of the correct particulars in the passport. The HC further observed that besides this, no prejudice would be caused to either of the parties in case such order is passed. In fact, it would prevent confusion in the identification of

the petitioner, in view of the different particulars mentioned in passport on one hand, and rest of the documents of the petitioner, on the other hand.

The relevant excerpts from the judgment, expressing Justice B.S. Walia’s remarks is mentioned below-:

“I’ve considered the submissions of the learned counsels. In the instant case, the petitioner seeks the incorporation of the name of her biological mother, in the passport, in substitution of her step-mother’s name. In the view of the Passport Manual being mere guidelines, the name of the petitioner’s biological mother being mentioned in the birth certificate, educational certificates, Aadhaar Card, as also that no prejudice would be caused to either of the parties in the eventuality that the name of the petitioner’s biological mother is mentioned in her passport, besides the same would prevent confusion in the identification of the petitioner in view of different mothers names in birth certificate, educational certificates as well as Aadhar Card on the one hand and in the passport on the other hand, the Regional Passport Officer, Chandigarh is directed to process the request of the petitioner and issue a fresh passport to her by reflecting her biological mother’s name i.e. Veena Nagpal, in the same, in accordance with law, within a period of ten days from the date of receipt of certified copy of this order.”

Click here to view the Order dated 16.07.2020, passed by the Hon’ble Punjab & Haryana High Court, Chandigarh.