In a recent judgment, the High Court of Telangana ruled that a passport can be issued to an infant even without the father's consent.

Justice Anil Kumar Jukanti, presiding over the case, ordered the issuance of a passport for Master Akram Ali Syed, a minor child, without the necessity of his father's consent.

This decision was reached in response to a writ petition filed by the child's mother, who sought a mandamus writ to challenge the Regional Passport Officer's refusal to issue the passport, alleging it was arbitrary and a violation of Articles 14 and 21 of the Constitution of India.

The petitioner contended that she required to travel abroad with her four-month-old infant for a neurosurgery consultation. Despite the urgency of her situation, the Regional Passport Officer had mandated the father's consent or a court order as conditions for passport issuance. This communication was issued on April 10, 2024.

During the hearing, the Deputy Solicitor General referred to a parallel case (W.P.No.9481 of 2024) in which the court had previously directed the issuance of a passport under similar circumstances. The court examined the order from the prior case, issued by Justice C.V. Bhaskar Reddy, and deemed it relevant to the current scenario.

In that case, the petitioner contended that demanding the father's consent for issuing the passport was an unnecessary and unjust requirement. It was emphasized that according to the Passports Manual, 2022, such a stipulation is not mandatory, and waiting for a court order should not unnecessarily prolong the process.

After carefully examining the raised issue, the court ruled in favor of the petitioner. It ordered the immediate issuance of the passport for Master Akram Ali Syed, bypassing the requirement for the father's consent. The court emphasized adherence to the precedent set in the earlier case, stating that "this Court is of the opinion that in similar circumstances, a passport was directed to be issued."