Telangana High Court
Ms.Tejaswini Vishwanath vs The Union Of India on 25 July, 2025
* THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR
+ WRIT PETITION No.35635 of 2024
% Dated 25-07-2025
Between:
# Ms. Tejaswini Vishwanath
... Petitioner
and
$ The Union of India,
Ministry of External Affairs,
South Block Cabinet, Secretariat, Raisina Hill,
New Delhi - 110011 and others.
.... Respondents
! Counsel for the Petitioner : Mr. J.Suresh Rao
^ Counsel for the respondents : Mr. A. Kranthi Kumar Reddy
< GIST : ---
>HEAD NOTE : ---
? Cases referred: :
NVSK, J
2 W.P. No.35635 of 2024
THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR
W.P. No.35635 of 2024
ORDER:
Aggrieved by the action of the respondent No.2, Regional
Passport Officer, in refusing to process the Passport Application
No.HY1066442243124 dated 10.04.2024 under Service Type Fresh
and Type of Application Normal for Tejaswini Vishwanath, who is a
minor petitioner represented by her biological father Sri Shailender
Vishwanath, the present writ petition is filed.
2. Facts in brief as stated in the present writ petition are as under:
3. The father of the minor petitioner married one Vanapally
Varalaxmi on 27.03.2008 and out of their wedlock they were blessed
with a baby girl, who is minor petitioner (hereinafter referred to as
‘the petitioner’), on 08.12.2009 and now she is studying X Class at
Olivemount Global School, Attapur, Hyderabad. Thereafter,
the mother of the petitioner deserted petitioner’s father company on
12.12.2012 while he was working in USA and at that time the
petitioner was three years old. At present, the father of the petitioner
is a permanent citizen of USA.
4. The father of the petitioner filed a petition in O.P. No.290 of
2023 under Section 13(1)(ib) of the Hindu Marriage Act, 1955 against
his wife seeking dissolution of marriage solemnized on 27.03.2008
and also filed a petition in O.P. No.287 of 2023 under Section 7, 10
NVSK, J
3 W.P. No.35635 of 2024
and 25 of Guardian and Wards Act seeking permanent custody of his
daughter (petitioner) that were allowed vide orders dated 27.02.2024.
The petitioner is interested in pursuing Pilot course and after
completion of her graduation would like to join her father at USA.
Hence, applied for the Passport on 10.04.2024 vide Application
No.HY1066442243124. The respondent No.2 has refused to issue the
Passport stating the reason that “In cases where one parent renounced
the Indian Citizenship and the other parent is still an Indian citizen, the
citizenship of the minor shall be of that person who has legal custody of
that minor child and the eligibility of an Indian Passport will be
determined on the basis of his/her citizenship.” Challenging the same,
petitioner filed the present writ petition.
5. On behalf of the respondent No.2, Regional Passport Officer,
while denying the writ averments, had filed counter affidavit, inter alia,
stating that the father of the petitioner has applied for Passport of his
minor daughter on 10.04.2024 vide Application
No.HY1066442243124 under fresh category and subsequently
received an adverse Police verification report on 18.04.2024 with the
remarks stating that “the Applicant not residing in the given address
hence not recommended”. Thereafter, respondent No.2 issued an
objection letter dated 19.04.2024 requesting the father of the minor
petitioner to furnish clarification/explanation within 30 days.
However, no response was received. The father of the petitioner,
at the time of submitting fresh passport application on 10.04.2024,
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4 W.P. No.35635 of 2024
declared that earlier he had submitted an application for Passport in
the year 2022 vide File No.HY1064493135722 and the same could not
be processed due to lack of documents and requested to close the file.
6. From the fresh passport application dated 10.04.2024, it is
informed that the father of the petitioner has acquired the citizenship
of USA after renunciation of Indian Citizenship. As per the guidelines
mentioned in Para No.3.2(ii) under Chapter 9 of the Passport Manual-
2020 that “In cases where one parent renounced the Indian Citizenship
and the other parent is still an Indian Citizen, the citizenship of the
minor shall be of that person who has legal custody of that minor child
and the eligibility of an Indian Passport will be determined on the basis
of his/her citizenship”. In accordance with the clarification issued by
the Ministry of External Affairs vide Office Memorandum
No.VI.401/1/1/1/2018 dated 31.07.2024 at Paragraph 4, it is stated
that “when one parent renounces the Indian Citizenship U/s 8 of
Citizenship Act and other parent continues to hold Indian Citizenship
and the parents either get divorced and the custody of the child is given
to one of the parents or without divorce the court has given legal
custody of the child of one of the parents in such case
(if only one parent has renounced Indian citizenship and other parent is
still an Indian Citizen), the citizenship of minor shall be of that parent
who has the legal custody of that minor child.” Further, a reference
was made to Ministry of Home Affairs, letter No.26030/24/2012-IC-I
(Vol.III) dated 08.03.2018 wherein it is stated that “If only one parent
NVSK, J
5 W.P. No.35635 of 2024
has renounced Indian Citizenship and the other parent is still an Indian
citizen, the citizenship of the minor shall be of that person who has legal
custody of that minor child”.
7. In the present case, admittedly the father of the petitioner has
acquired foreign citizenship after renunciation of Indian citizenship
and the Family Court vide its order dated 06.05.2024 in O.P. No.287
of 2023 has granted permanent custody of the child to the father of
the child (petitioner). In view of the above and considering the
regulations, the minor petitioner is not entitled for issuance of
Passport. Hence, the respondent No.2 has issued a letter dated
06.05.2024 to the father of the minor petitioner refusing the passport
services to his minor daughter as per the applicable rules/guidelines
and eventually prayed to dismiss the writ petition.
Submissions:
8. The learned counsel for the petitioner would submit that the
petitioner was born in India and her parents were citizens of India at
the time of minor petitioner’s birth. Subsequently, her parents have
got separated and the permanent custody of the minor petitioner is
given to her father. The father of the petitioner possesses OCI Card
(Overseas Citizen of India Card) and the petitioner does not possess
travel document of any country and Non-issuance of a travel
document or passport to the petitioner would render her stateless and
that there is no cogent reason to deny issuance of Passport to the
petitioner.
NVSK, J
6 W.P. No.35635 of 2024
9. A Memo has been filed to the effect that the father of the minor
petitioner has obtained the OCI – Overseas Citizen of India Card.
Presently, the petitioner is staying along with her grand parents and
pursuing her school education and that petitioner has not renounced
her Indian Citizenship on her own at any point of time and the
petitioner being a minor child, the permanent custody is with her
father. It is further submitted that the petitioner was born on
08.12.2009 and both the parents of the petitioner were Indian Citizens
at the time of the birth of the petitioner. The marriage of the parents
of the minor petitioner was dissolved under Section 13(1)(ib) of the
Hindu Marriage Act, 1955 by order dated 27.02.2024 in O.P. No.290
of 2023 and the permanent custody of the minor petitioner was
granted to the father of the minor petitioner on 27.02.2024 in
O.P. No.289 of 2023.
10. The learned counsel has drawn the attention of this Court to the
Section 3 of the Citizenship Act, 1955 as per which, a person born in
India between January 26, 1950, and July 1, 1987, is an Indian citizen
by birth, regardless of the nationality of their parents. For those born
after July 1, 1987, at least one parent must be an Indian citizen at the
time of birth. Further, as per Section 8(2) of the Citizenship Act, when
a parent renounces Indian citizenship, their minor child also ceases to
be an Indian citizen. However, Courts have interpreted this provision
in the light of the child’s best interests, especially when the child has
not acquired any other nationality, to prevent statelessness.
NVSK, J
7 W.P. No.35635 of 2024
In the present case, the minor petitioner born in India to Indian
parents and the father of the minor petitioner, who has legal custody,
has obtained U.S. citizenship. The key considerations are that
whether the minor has acquired any foreign citizenship; in this regard,
the learned counsel has placed reliance in the case of Chrisella
Valanka Kushi Raj Naidu Vs. The Ministry of External Afftars
(High Court of Bombay at Goa in W.P. No.135 of 2024 dated
28.08.2024) and submitted that the acquisition of foreign citizenship
by parents does not affect Indian citizenship of minor child.
For further consideration of the point that whether the minor’s Indian
citizenship has been formally renounced; in this regard, the learned
counsel has placed reliance in the case of Master Arya Selvakumar
Priya Vs. Joint Secretary (Psp) (High Court of Karnataka at
Bengaluru in W.P. No.21642 of 2022, dated 21.03.2023) and would
submit that if the minor has not acquired any other nationality and
has not renounced the Indian citizenship, Courts have upheld the
child’s status as an Indian citizen and directed for issuance of a
passport to prevent statelessness. Under these peculiar facts and
circumstances, prayed this Court to consider the case of the minor
petitioner and direct the respondents to process the application of the
petitioner for issuance of passport.
NVSK, J
8 W.P. No.35635 of 2024
11. The learned counsel representing the respondents has reiterated
the counter averments and sought to dismiss the writ petition.
ANALYSIS:
12. Heard the learned counsel for the parties and perused the
material made available on the record.
13. A bare perusal of the impugned refusal order dated 06.05.2024
issued by the respondent No.2, Regional Passport Officer, Hyderabad,
a reference to Passport Manual – 2020, Chapter 9, Para No.3.2 has
been taken wherein it is stated that “In cases where one parent has
renounced the Indian Citizenship and the other parent is still an Indian
Citizen, the citizenship of the minor shall be of that person who has
legal custody of that minor child and the eligibility of an Indian Passport
will be determined on the basis of his/her Citizenship.” It is an
admitted fact that the parents of the minor petitioner were got
separated vide order dated 27.02.2024 passed in O.P. No.290 of 2023
and the legal custody of the minor petitioner is given to her father.
14. At this stage, it is not out of place to refer an order dated
16.12.2024 passed in W.P. No.25962 of 2024 by this Court wherein,
challenge was made against the action of the Passport authority in not
considering the application given for issuance of the Passport to the
minor petitioner therein on the ground that consent of the other
parent or a Court order for the same is required and issued a letter
No.OBJ/ 319450755/2024 dated 10.09.2024. This Court has
NVSK, J
9 W.P. No.35635 of 2024
considered the submissions made by the learned Deputy Solicitor
General of India, appearing for the Union of India and passport
authorities, relied on an Office Memorandum issued by the Ministry of
External Affairs dated 31.07.2024 as well as a clarification dated
08.03.2018 to urge that passports to minor children whose parents
have obtained foreign citizenship or have renounced their Indian
citizenship must abide by the clauses in the Office Memorandum.
After considering the aforesaid objections of Office Memorandum
issued by the Ministry of External Affairs dated 31.07.2024 as well as
a clarification dated 08.03.2018, this Court allowed the writ petition
directing the Passport authority to consider the application made for
issuing passport to the minor child. Relevant paras No.18, 19 and 20
of the said order are extracted for reference.
“18. The Office Memorandum (OM) dated
30.07.2024 which the learned Deputy Solicitor
General of India relies on does not assist the case
of the respondents and cannot be an impediment
for granting relief to the petitioner. First, the OM
relates to “reissue” of passports to minor children.
Second, Clause 3(c)(iii) of the OM deals with the
effect of the parent of the minor child having
acquired citizenship of another country and the
consequent effect of such on a child. Third, Clause
4 also deals with the citizenship of the minor
where one of the parent renounces citizenship and
the other parent continues to hold Indian
citizenship and the custody of the child is given to
one of the parents with or without divorce. None
of these clauses apply to the issue at hand,
NVSK, J
10 W.P. No.35635 of 2024namely, whether a single parent can apply for
passport of a minor child.
19. Most importantly, the OM, even if applicable
cannot replace The Passports Act, 1967 and the
198O Rules framed thereunder which specifically
takes those cases into account where a single
parent is entitled to apply for a passport for his/
her minor child without the consent or signature
of the other parent, subject to furnishing of the
prescribed Annexure.
20. Column 16, as stated above, highlights that if
a single parent/applicant is not in a position to
obtain the consent of the other parent
‘for whatever reason” the applicant-parent may
complete the necessary formalities in aid of the
application. The fact that the respondent No.3 has
acquired American citizenship does not make the
case different from the one provided in Column 16
or a departure thereunder. “For whatever reason’
attracts every conceivable situation and the
respondent No.3 becoming an American citizen
cannot and does not render Column 16
inapplicable to the facts of the present case.”
15. In the instant case, counter filed on behalf of the respondents
has referred the very same Office Memorandum issued by the Ministry
of External Affairs dated 31.07.2024 as well as a clarification dated
08.03.2018 for not processing the Passport application of the minor
petitioner herein. Hence, the same cannot be an impediment for
granting relief to the minor petitioner herein.
NVSK, J
11 W.P. No.35635 of 2024
16. Apart from the above, father of the minor petitioner has
renounced his Indian Citizenship and obtained the Citizenship of USA
and also obtained the OCI – Overseas Citizen of Indian Card. Mother
of the minor petitioner deserted her husband and her whereabouts are
not known and her status of citizenship is also not known. In view of
the peculiar facts and circumstances of the case, the minor petitioner
cannot be rendered statelessness.
17. Relevant to the context of the present case is Section 3 of the
Citizenship Act, which provides for acquisition of citizenship by birth.
Section 3 reads thus:-
“3. Citizenship by birth.- (1) Except as
provided in sub-section (2), every person born
in India,-
(a) on or after the 26th day of January, 1950, but
before the 1st day of July, 1987;
(b) on or after the 1st day of July, 1987, but before
the commencement of the Citizenship
(Amendment) Act, 2003 and either of whose
parents is a citizen of India at the time of his
birth;
(c) on or after the commencement of the
Citizenship (Amendment) Act, 2003, where-
(i) both of his parents are citizens of India; or
NVSK, J
12 W.P. No.35635 of 2024
(ii) one of whose parents is a citizen of India
and the other is not an illegal migrant at the
time of his birth, shall be a citizen of India
by birth.
(2) A person shall not be a citizen of India by virtue
of this section if at the time of his birth-
(a) either his father or mother possesses such
immunity from suits and legal process as is
accorded to an envoy of a foreign sovereign
power accredited to the President of India and
he or she, as the case may be, is not a citizen
of India; or
(b) his father or mother is an enemy alien and
the birth occurs in a place then under
occupation by the enemy.”
18. It is thus seen that Section 3 (1) (c) (i) stipulates that except as
provided in sub-section (2), every person born in India on or after the
commencement of the Citizenship (Amendment) Act, 2003, where (i)
both of his parents are citizens of India; or (ii) one of whose parents is
a citizen of India and the other is not an illegal migrant at the time of
his birth, shall be a citizen of India by birth.
19. On a careful perusal of the refusal order, the petitioner, as on
today, has not taken citizenship of any other country and strictly
applying the provisions of Section 3 (1) (c) (i) of the Indian Citizenship
Act, the petitioner is a citizen of India by birth as such,
the respondent authority cannot deny the passport service to her.
NVSK, J
13 W.P. No.35635 of 2024
Further, merely the father of the petitioner, who has the legal custody
of the petitioner and had renounced his Indian Citizenship and
acquired the foreign citizenship, cannot disentitle the petitioner for
granting of Indian Passport. Article 21 includes the right to identity,
nationality and dignity and denying a child citizenship or rendering
them Stateless would be unconstitutional. The Hon’ble Supreme
Court in the case of Maneka Gandhi Vs. Union of India (1978 AIR
597) held that the right to travel abroad and obtain a Passport is part
of personal liberty under Article 21 of the Constitution of India.
20. In view of the statutory provisions under Section 3 of the
Citizenship Act, 1955 read with Constitutional guarantees enshrined
in Article 14 and 21 of the Constitution of India, the petitioner, who is
a minor, cannot be rendered Stateless.
21. In view of the above, having regard to the peculiar facts and
circumstances of the case and the submissions made by the learned
counsel on either side, the impugned order dated 06.05.2024 is set
aside and this writ petition is allowed. The respondents No.1 and 2
are directed to process the Passport application of the minor petitioner
and complete the process of issuing the Passport within a period of
three weeks from the date of receipt of a copy of this order. There
shall be no order as to costs.
NVSK, J
14 W.P. No.35635 of 2024
As a sequel, miscellaneous applications, if any pending,
shall stand closed.
________________________________
JUSTICE N.V. SHRAVAN KUMAR
Date: 25.07.2025
Note: L.R. copy to be marked.
B/o.
LSK
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