In a landmark judgment, the Bombay High Court on January 8, 2025, held that a minor cannot be denied a passport solely on the grounds of a father’s non-consent. The case involved a minor girl whose father objected to her passport application, despite her mother’s active support.

The Division Bench of Justice G.S. Kulkarni and Justice Advait M. Sethna emphasized the importance of recognizing the modern need for international travel. “In contemporary times, traveling abroad cannot be considered a fanciful affair but an essential requirement of modern life,” the court observed.

Highlighting the transformative role of travel in personal and professional growth, the judges underscored the need for authorities to align the Passport Act's implementation with these realities.

The case arose when the Passport Authority refused to reissue a passport to the minor, who had been selected to attend an educational event in Japan sponsored by her school. The refusal was based on the father’s written objection, stemming from an ongoing marital dispute with the mother.

The court criticized the Passport Authority for prioritizing the father’s objection over the mother’s valid consent submitted under Annexure C of the passport application. It clarified that Annexure C permits one parent’s consent for a minor’s passport, rendering objections under Annexure D irrelevant in such cases.

“This case demonstrates how a student’s opportunity to participate in a study tour abroad can be jeopardized by the Passport Authority’s mechanical approach,” the court stated. “Denying a passport in such cases could cause irreparable harm to the applicant’s prospects and aspirations.”

The bench also addressed the broader implications of parental disputes on children’s fundamental rights under Article 21 of the Constitution. It asserted that such disputes must not obstruct a child’s right to travel. “The petitioner’s right to travel abroad cannot be scuttled merely because the father, due to disputes with the mother, refuses to consent to the passport application,” the court held.

Directing the Passport Authority to reissue the passport within two weeks, the court ensured the petitioner’s participation in the Japan study tour.

Case Title: Yushika Gedam vs. Union of India
Writ Petition No.: 19042 of 2024
Representation: Advocate Balasaheb Ligade for the petitioner; Advocate Shehnaz Bharucha for the Passport Authority.