It rejected the argument that the OM would apply only to single unwed parents.
“Passport Manual 2020 clearly recognizes several situations/ conditions where the exclusion of the name of the father from the minor’s passport is permissible. Clause 4.1 itself clearly enables a single parent to apply for a passport without mentioning the name of the other parent. Clause 4.2 carves out a specific category relating to unwed single parents,” the bench said.
It further noted that the language used in clause 4.1 is merely single parent.
“Clause 4.3, clearly mentions that in the case of married parents the name of the father shall be furnished by the other single parent having the custody of the child, irrespective of the status of the marriage i.e divorce, divorce pending, separated etc., However, the mere furnishing of the name does not result in the conclusion that the name of the father has to be compulsorily mentioned. It would depend on the circumstances of each case,” the court said.
Source: Barandbench
