The Madras High Court Bench on Tuesday ruled that there was no need for a Muslim woman to produce a court decree as a proof of divorce from her husband for the issue of passport for her minor child.
“The local jamath has certified the fact of giving talak (Divorce). Hence,the passport officer of the Thanjavur Seva Kendra cannot say a decree from a court should be produced to prove that the marriage was dissolved,” Justice K K Sasidharan said,while disposing of a writ petition filed by Ramjan Begum,on behalf of her daughter,who is a minor.
The judge directed the petitioner to provide an affidavit regarding the dissolution of marriage by giving talak,and produce it to the passport officer.
“In case the passport officer is having any doubt about the veracity of the affidavit,it is open to him to conduct an inquiry through the concerned police or revenue officials to ensure that the marriage is not in subsistence,” the judge said and directed the officer to consider the matter on merit and dispose it within four weeks.
The petitioner submitted her daughter was born on August 24,2006 after her marriage to Sahul Hameed. Then,her marriage was dissolved as per Muslim custom and a certificate was issued by the Muslim Sunnath Jamath,Gopalpattinam,on December 26 last year.
Subsequently,she had filed an application for passport for her minor daughter. But the passport officer insisted that she should produce the decree of divorce issued by a court. Hence,the present petition.