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Journalism of Courage
The Telangana High Court has ordered the immediate issuance of passports to two minor children, currently residing with their maternal grandparents, overriding the refusal of consent by the children’s biological father. Justice Nagesh Bheemapaka delivered the judgment on October 31, pointing to the father’s abandonment of parental duties.
The petitioner, a retired additional superintendent of police, had approached the passport officer seeking passports for his grandsons so they could travel abroad to spend time with their relatives. The father had refused consent, allegedly demanding “the entire property of the deceased mother of the minors as well as hand over (of) the gold of the minors’ mother.” The father, through his counsel, argued that he remains the natural guardian and the petitioner (maternal grandfather) has no legal right to unilaterally apply for passports.
Justice Bheemapaka reviewed the evidence, including the pending guardianship case and maintenance proceedings. The court noted that in the maintenance case, interim monthly maintenance of Rs 12,000 (later reduced to Rs 8,000) was granted, and the father has failed to make payments since May 5, 2024.
The court found that the father (3rd respondent) “remarried and has shown no interest in assuming responsibility for the children, as evidenced by his refusal to pay maintenance and his neglect in fulfilling his parental duties.”
Further, the court stated, “In this case, father has not only abandoned his parental responsibilities but has also actively refused to provide consent for issuance of passports for his children, despite being aware of the fact that the children are under the sole care of the petitioner.”
The court concluded that the facts “all show that minor children are with the petitioner and the 3rd respondent (father) is not taking care of them.”
The judge noted that the Commissioner of Police, Cyberabad, confirmed that the minor children are residing with the maternal grandparents and that the grandparents had fulfilled all documentary requirements. The judgment highlighted that the right to travel, guaranteed under Article 21 of the Constitution, extends to minors, especially when the non-consenting parent is “either untraceable, indifferent, or has shown no interest in the child’s welfare.”
Ultimately, the court held that the grandfather, as the primary caretaker, made a “compelling case for children’s right to travel abroad with their maternal grandparents.”
The refusal of the father’s consent, given his lack of interest and failure to fulfil parental duties, was deemed invalid. The writ petition was allowed, directing the official respondents to issue the passports in accordance with the law.
