The Andhra Pradesh High Court has ruled that a single mother living separately from her husband can apply for a passport for her minor child without obtaining the father's consent, provided the required declarations under the passport rules have been furnished.
Justice Battu Devanand passed the order while allowing a writ petition filed by Shaik Shabana, who challenged the refusal of passport authorities to process her four-year-old daughter's passport application.
Background of the Case
According to the petitioner, she had applied for a passport for her minor daughter, Ayra Mulla, on August 28, 2025. She stated that she had been living separately from her husband since 2022 because of matrimonial disputes and was raising the child on her own.
The mother informed the passport authorities that she was a single parent and submitted declarations in the prescribed Annexure-C and Annexure-D forms. She also disclosed that criminal and domestic violence proceedings involving her husband were pending. However, no divorce proceedings had been initiated.
Despite this, the passport authorities allegedly insisted that she produce either a divorce decree, judicial separation order, or a court direction before the application could be processed.
The Regional Passport Officer argued that consent from both parents is ordinarily required for issuing a passport to a minor. Since the father had not consented, the petitioner was required to submit supporting legal documents relating to divorce or judicial separation proceedings.
According to the authority, the application was kept pending because such supporting documents had not been produced.
Justice Battu Devanand noted that the legal issue was whether a passport could be issued to a minor child on the application of the mother without the father's consent when no prohibitory order existed.
Referring to decisions of several High Courts, including the Bombay, Telangana, Madhya Pradesh and Madras High Courts, the Court observed that passport laws recognize situations where a single parent may apply for a minor's passport without the other parent's consent.
The Court emphasized that the petitioner had already submitted the declarations required under Annexure-C and Annexure-D.
“The petitioner, being a single parent, is entitled to make application for passport of her minor child without the consent or signature of her husband,” the Court observed.
The Court also relied on judicial precedents holding that the right to travel abroad forms part of personal liberty protected under Article 21 of the Constitution and that passport authorities cannot impose conditions not contemplated by law.
Allowing the writ petition, the Andhra Pradesh High Court directed the Regional Passport Officer to consider and process the passport application submitted for the petitioner's minor daughter within two weeks from receipt of the order.
No order was passed as to costs.
Case Details:
Case Title: Shaik Shabana v. Union of India & Another
Case Number: W.P. No. 2768 of 2026
Judge: Justice Battu Devanand
Decision Date: 1 May 2026
