Case Note & Summary
The petitioner, Mohamad Ayan Jakirhusen Iproliya, acting through his grandfather and legal guardian, filed a writ petition under Articles 14, 19, 21, 116 and 227 of the Constitution of India read with the Passport Act, 1967, seeking renewal of the minor's passport which had expired on 07.09.2021. The minor's father had shifted to Australia long back and was residing there with his wife. The father executed an affidavit stating no objection to the renewal. The grandfather submitted an application for renewal in 2024, and an appointment was scheduled on 27.03.2024, but the passport authority did not process the application, allegedly insisting on the presence of the parents. The court noted that the parents were abroad and the grandfather was the legal guardian. The court directed the Regional Passport Officer, Ahmedabad, to consider the petitioner's application for renewal of the minor's passport in accordance with law, without insisting on the presence of the parents, and to decide the same within a period of four weeks from the date of receipt of the order. The petition was disposed of accordingly.
Headnote
A) Passport Law - Renewal of Minor's Passport - Legal Guardian - The petitioner, grandfather and legal guardian of a minor child, sought renewal of the minor's passport which expired on 07.09.2021. The parents were residing in Australia and the father had executed an affidavit of no-objection. The court directed the respondent to consider the application for renewal in accordance with law, without insisting on the presence of the parents, given the circumstances. (Paras 1-9)
Issue of Consideration
Whether the grandfather, as legal guardian, can seek renewal of a minor's passport when the parents are residing abroad and have given no-objection.
Final Decision
The petition is allowed. The respondent is directed to consider the petitioner's application for renewal of the minor's passport in accordance with law, without insisting on the presence of the parents, and decide the same within a period of four weeks from the date of receipt of the order. Rule made absolute to that extent.
Law Points
- Legal guardian can apply for passport renewal of minor when parents are abroad
- Passport Act 1967
- Articles 14
- 19
- 21
- 116
- 227 of Constitution
Case Details
R/SPECIAL CIVIL APPLICATION NO. 16756 of 2025
Mr. Rindani Advocate for Mr. Javed S Qureshi(6999) for the Petitioner(s) No. 1, Mr. Pradip D Bhate(1523) for the Respondent(s) No. 1
Mohamad Ayan Jakirhusen Iproliya S/O Jakirhusen Ahmedhusen Iproliya
Regional Passport Officer Ahmedabad
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Articles 14, 19, 21, 116 and 227 of the Constitution of India read with Passport Act, 1967 seeking renewal of minor's passport.
Remedy Sought
Petitioner sought a writ of mandamus or certiorari directing the respondent to consider the application for renewal/issuance of a fresh passport for the minor child with maximum validity of 10 years.
Filing Reason
The passport of the minor child expired on 07.09.2021. The grandfather, as legal guardian, applied for renewal in 2024 but the passport authority did not process it, allegedly insisting on the presence of the parents who are residing abroad.
Issues
Whether the grandfather, as legal guardian, can seek renewal of a minor's passport when the parents are residing abroad and have given no-objection.
Submissions/Arguments
Petitioner submitted that the father of the minor child executed an affidavit of no-objection, and the grandfather is the legal guardian. The passport authority should consider the application without insisting on the parents' presence.
Ratio Decidendi
A legal guardian, being the grandfather, can apply for renewal of a minor's passport when the parents are abroad and have given no-objection. The passport authority must consider such application without insisting on the parents' presence.
Judgment Excerpts
The petitioner is the legal guardian and grandfather of the minor child and seeks urgent and appropriate directions to the concerned passport authority for renewal of the original passport of his grandson, which expired on 07.09.2021.
The father of the minor child has executed an affidavit on oath stating that he has no objection to the renewal of the passport of his son.
The respondent is directed to consider the petitioner's application for renewal of the minor's passport in accordance with law, without insisting on the presence of the parents, and decide the same within a period of four weeks from the date of receipt of the order.
Procedural History
The petitioner filed a writ petition in the High Court of Gujarat. Rule was issued and the respondent waived service. The court heard the matter and disposed of the petition with directions.
Acts & Sections
- Constitution of India: Articles 14, 19, 21, 116, 227
- Passport Act, 1967:
