Biological father's name can be deleted from a minor child's passport: Delhi High Court

The Delhi High Court recently ordered the passport authority to delete the name of the biological father from a minor child’s passport noting that the man had deserted the child even before he was born and had given up all his rights..Justice Prathiba M Singh said that under certain circumstances the name of the biological father can be deleted from the passport and the surname can also be changed.“Such a relief ought to be considered, depending upon the factual position emerging in each case. No hard and fast rule can be applied. There are myriad situations in the case of matrimonial discord between parents, where the child’s passport application may have to be considered by the authorities,” the court said.The court said that the Passport Manual 2020 and the Office Memorandum (OM) issued by the Ministry of External Affairs in February 2022 recognise several situations where the exclusion of the name of father from a minor's passport is permissible..It rejected the argument that the OM would apply only to single unwed parents. “Passport Manual 2020 clearly recognizes several situations/ conditions where the exclusion of the name of the father from the minor’s passport is permissible. Clause 4.1 itself clearly enables a single parent to apply for a passport without mentioning the name of the other parent. Clause 4.2 carves out a specific category relating to unwed single parents," the bench said. It further noted that the language used in clause 4.1 is merely single parent. "Clause 4.3, clearly mentions that in the case of married parents the name of the father shall be furnished by the other single parent having the custody of the child, irrespective of the status of the marriage i.e divorce, divorce pending, separated etc., However, the mere furnishing of the name does not result in the conclusion that the name of the father has to be compulsorily mentioned. It would depend on the circumstances of each case,” the court said..The court was dealing with a plea filed by a single-mother and her minor child seeking deletion of the name of the biological father from the passport of the latter.It was stated that the father had deserted the woman during her pregnancy. The settlement between the two revealed that the neither the woman nor the son were given any alimony or maintenance and the exclusive custody of child was to be with the mother..After considering the case, the bench said that the facts in the case were quite peculiar and, therefore, Clause 4.5.1 of Chapter 8 and Clause 4.1 of Chapter 9 would be applicable here.“In the unique and peculiar circumstances of this case, it is accordingly directed that the name of the father of Petitioner No.2 (child) be deleted from the passport and the passport be re-issued in favour of the minor child without the name of the father,” the Court finally ordered.Justice Singh, however, clarified that this order shall not be treated as a precedent..Smita Maan, the petitioner, appeared in person.Central Government Standing Counsel (CGSC) Rakesh Kumar along with advocates Sunil,Mr. Giriraj Shrama and Prince Roshan appeared for the Central governmentThe Delhi government was represented through its Additional Standing Counsel Mehak Nakra and Abhishek Khari..[Read Order]