Minor's Right to Hold Passport Can't Be Taken Away Due to Dispute Between Parents: Bombay HC

Mumbai: The Bombay High Court said that a minor's right to obtain a passport and travel abroad cannot be taken away merely due to an ongoing matrimonial dispute between parents. 

The court in its order passed on Wednesday directed the Pune Regional Passport Office (RPO) to issue a passport to the 17-year-old girl within two weeks, observing that the right to travel abroad was a facet of the fundamental right guaranteed in the Constitution.

The Regional Passport Office had issued a communication to the girl's mother in November 2024, stating that her passport application would not be processed as her father had objected to the same.

According to the plea, the girl's parents are embroiled in divorce proceedings.

In response to the passport office's communication, the mother of the girl sent a declaration that the father's consent was missing in the passport issuance form as there was a dispute between the couple.

The high court said in its judgment that the valuable constitutional right of the petitioner girl cannot be prejudiced, much less be taken away, merely on a communication issued by her father refusing to give his No Objection Certificate (NOC).

It said the minor girl was living with her mother and is a bright student having secured outstanding marks in her Class 10 examination.

These marks have made her eligible to be selected to participate in a study tour to Japan, being undertaken by her school, the HC added.

The court said "personal liberty" as mentioned under Article 21 of the Constitution includes the right to travel abroad and "no person can be deprived of that right except according to the procedure established in law." "The procedure prescribed by law has to be fair, just and reasonable, not fanciful, oppressive or arbitrary. The right to travel abroad is a facet of fundamental right guaranteed under Article 21 of the Constitution of India," the high court said.

(With inputs from PTI)