The court noted that the Passport Manual 2020 and the Office Memorandum issued by the Ministry of External Affairs in February 2022 recognise that passports can be issued under varying circumstances without the name of the father. The Delhi High Court has directed the passport authorities to delete the name of the father of a minor child and reissue his passport without the name of the father noting that in certain circumstances the biological father’s name can be deleted and the surname can also be changed. A single judge bench of Justice Prathiba Singh in its April 19 order said that “under certain circumstances, the name of the biological father can be deleted and the surname can also be changed”. The court noted that the Passport Manual 2020 and the Office Memorandum (OM) issued by the Ministry of External Affairs in February 2022 recognise that passports can be issued under varying circumstances without the name of the father. “Such a relief ought to be considered, depending upon the factual position emerging in each case. No hard and fast rule can be applied. There are myriad situations in the case of matrimonial discord between parents, where the child’s passport application may have to be considered by the authorities,” Justice Singh said. The high court was hearing the plea of a single-mother and her minor child seeking deletion of the name of the biological father from the passport of the latter. The court noted that the facts of the case were “quite peculiar” further observing that as per the settlement entered into between the biological father and mother, the father has “given up all rights towards the child”. The court also noted that there was “no visitation” and the child had not been brought up by the father. “Moreover, the fact that the minor son is also using the surname of the mother and the maternal grandparents, itself shows that the father does not wish to have any concern or relationship with the child. No maintenance or alimony has also been paid to the petitioners in this case. In fact, this would be a case where the father has completely deserted the child. Under such circumstances, this court is of the opinion that Clause 4.5.1 of Chapter 8 and Clause 4.1 of Chapter 9 would clearly be applicable,” the court said. Clause 4.5.1 and Clause 4.1 of the Passport Manual states that the online passport application form now requires the applicant to provide the name of father or mother or legal guardian (only one parent and not both) enabling single parents to apply for passports for their children. The HC observed the “unique and peculiar circumstances” of the case and directed that the name of the father of minor child be deleted from the passport and the passport be re-issued in favour of the child. Needless to add that this order shall not be treated as a precedent, the court said. The court said that the mother along with her son may appear before the regional passport office and surrender the passport which was issued earlier along with the copy of the HC’s order. “Let the new passport be issued without the name of the father within one week thereafter,” the HC directed. The court noted that the passport manual only contemplates some situations and provides for certain mechanisms; however the “need for flexibility exists depending upon the fact situation” wherein a thorough examination and understanding of court orders may also be required. The court also rejected the argument that the office memorandum (OM) would apply only to single unwed parents observing that the language used in the OM and in the Passport Manual are clear. “Wherever the term ‘single unwed parent’ is to be mentioned, the same has specifically been mentioned by the Passport Authorities. In other clauses the term `single parent’ is used,” the HC noted.