Gujarat High Court Allows Passport Renewal For Minor Without Estranged Father's Consent

In a decision offering relief to single parents, the Gujarat High Court has directed the Regional Passport Office (RPO) in Ahmedabad to renew the passports of two minor children without requiring a no-objection affidavit from their estranged father. The judgment brings significant clarity to similar passport cases involving divorced parents, The Times of India reported.

The petition was filed by a Vadodara-based woman on behalf of her two minor children after the RPO refused to renew their passports. The urgency stemmed from the elder daughter's upcoming Scholastic Assessment Test (SAT) scheduled for November 8 - a mandatory exam for students aspiring to pursue higher education in the United States.

The RPO had earlier insisted, through a communication dated August 12, that a no-objection affidavit from the children's father was mandatory for the renewal. The mother informed the court that she and her husband had legally divorced in March 2022.

Also Read: How Single Parents Can Apply For A Child's Passport In India: Complete Guide

According to the memorandum of understanding (MoU) signed during their divorce, the children were to remain in her custody, while the father agreed to cooperate in all legal formalities, including passport-related matters. However, it was not possible to secure his consent at this stage, as per the report. The denial of renewal would cause "irreparable loss" to her daughter, who would miss her chance to appear for the SAT and apply to universities abroad for the next academic year.

Justice L. S. Pirzada referred to Section 4(3) of Schedule II of the Passports Rules, 1980, which states that consent from a single parent is sufficient in cases where parents are separated by a court order or divorce decree.

Acknowledging that the divorce decree and MoU clearly established the children's custody with the mother, the High Court ruled in her favour.

The order stated, "The respondent authority (RPO) is directed to consider the application dated July 11, 2025, preferred by the petitioner as a single parent and renew the passports of both minor petitioners as expeditiously as possible, preferably within one week from the date of this order."

The Central Government raised no objections to the petition.

Also Read: Passport Renewal In India: What To Do, What To Carry, And What Not To Mess Up

How To Apply For A Fresh/Re-Issue Passport For A Minor: Complete Process

The application process for obtaining or renewing a passport begins online through the Passport Seva Portal. Applicants need to register, fill in their details, upload required documents, pay the prescribed fee, and schedule an appointment at a Passport Seva Kendra (PSK).

For minors below four years of age, applicants must carry a recent passport-sized photograph (4.5 x 3.5 cm) with a white background. After the appointment, the application is processed, and the passport is dispatched in accordance with the standard dispatch policy.

Passport Fees For Minors

• Fresh or reissued passport (10-year validity, 36 pages): ₹1,500 (Normal) + ₹2,000 (Tatkaal)
• Reissue for minors (5-year validity): ₹1,000 (Normal) + ₹2,000 (Tatkaal)

A 10% rebate on the basic fee is available for minors aged eight or below for fresh applications.

Processing Time And Police Verification For Passport

Processing time depends on the application type and verification requirements:

• Normal applications: A Passport is typically dispatched within three working days after submission, subject to post-issuance or no police verification.
• Tatkaal applications: Dispatched within one working day if no pre-police verification is required.
• Complex cases: Applications involving single parents, adoptions, or significant name changes may take up to 30 days due to additional scrutiny.

Also Read: Passport Seva 2.0: Indian Expats In UAE To Get Chip-Enabled E-Passports

Required Documents For Minor's Passport Application

Applicants must provide the following documents when applying for a minor's passport:

• Proof of date of birth (e.g., birth certificate or school certificate)
• Proof of current address
• Declaration as per Annexure D, affirming the details provided in the application
• Annexure C, explaining the absence of one parent's consent, if applicable
• Court order granting custody, if applicable
• Self-attested copies and originals of parents' passports, if available

Annexures Simplified

• Annexure C: A declaration by the custodial parent explaining why the other parent's consent cannot be obtained (e.g., separation or unavailability).
• Annexure D: A declaration detailing the applicant's circumstances, such as in cases involving a single parent or dead parent.