Delhi HC says having mother’s name in minor’s passport is enough for the identity proof

The Delhi High Court recently ruled that a minor’s passport does not need to include the name of their father, as it is not a requirement and the mother’s name is sufficient for identification purposes. The decision was made in response to a petition filed by a single mother who argued that her child’s father had abandoned them and therefore his name should not be included on the passport.

The court noted that the Passport Manual 2020 allows for the exclusion of the father’s name in various circumstances, including in cases of matrimonial discord or where the father has deserted the child. The court also emphasized that each case must be considered individually and no hard and fast rule can be applied. Consequently, the court ordered that the minor’s passport be reissued without the father’s name.

The petitioner argued that the father had deserted the child even before birth, and that she had raised the child alone, without any assistance or alimony from the father. The government, however, contended that in the case of married parents, the father’s name should be included in the passport, as per the Passport Manual’s Clause 4.3.

The government further stated that the exception to this rule applied only to single unwed parents. The court rejected the government’s argument, stating that in cases where the father has no contact with the mother or child, the inclusion of the father’s name is not necessary.

Justice Pratibha M Singh, who delivered the judgement on April 19, emphasized that passport issuance should be based on the specific facts of each case. The court directed that the name and passport of the minor child be reissued without the father’s name.

In conclusion, the Delhi High Court’s ruling emphasizes that the inclusion of the father’s name on a minor’s passport is not a requirement and that the mother’s name can be sufficient for identification purposes. This decision offers relief to single mothers who have been abandoned by their partners and are raising their children alone.

The court’s decision also recognizes the need for flexibility in passport issuance, acknowledging that each case is unique and should be evaluated on its individual merits.