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Patna High Court

Mayank MohanversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The passport authorities cannot demand a declaratory order from Indian courts for a foreign divorce decree when the Passport Rules, 1980 (as amended) do not require such proof and the foreign decree is not contrary to Indian law.

Summary

The petitioner, an Indian citizen employed in South Korea, obtained a mutual‑consent divorce in a South Korean family court in 2024 and remarried a Korean national in 2025. He applied to the Regional Passport Office, Patna, to renew his passport and replace his ex‑wife’s name with that of his current wife. The passport authorities refused, insisting that a declaratory order from an Indian civil court confirming the foreign divorce was required under Clause 3.3.2 of the Compendium of Instructions. The petitioner contended that the Passport Rules, 1980 (as amended in 2016) do not require any proof of dissolution for a name change, and that the foreign decree is conclusive under Sections 13 and 14 of the Code of Civil Procedure and not contrary to Indian law. Relying on Supreme Court, Kerala High Court and Telangana High Court precedents, the court held that administrative instructions cannot override statutory rules and that the passport authority’s demand was unlawful. Consequently, the court directed the passport office to process the petitioner’s application within 15 days without requiring a declaratory order.

Issues considered

  • Whether the passport authorities may require a declaratory order from an Indian civil court to authenticate a foreign divorce decree for passport name‑change purposes.
  • Whether the Passport Rules, 1980 (as amended) mandate any proof of dissolution of marriage for a change of spouse’s name in a passport.
  • Whether the foreign divorce decree is conclusive and enforceable under Sections 13 and 14 of the Code of Civil Procedure.

Legislation cited

Subjects

  • passport
  • foreign divorce
  • name change
  • declaratory order
  • Compendium of Instructions
  • Section 24 Passport Act
  • CPC Section 13
  • CPC Section 14
  • mutual consent divorce
  • recognition of foreign judgment
  • constitutional articles 14 19 21

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.18822 of 2025
                 ======================================================
                 Mayank Mohan Son of Madhav Sharan Tiwari, Resident of Madhukunj,
                 Baswaria, Bettiah, P.S.- Bettiah, District- West Champaran- 845438 also
                 resident at R-185, 3nd Floor, R-Block, Greater Kailash, P.O.- Greater Kailash,
                 District- South Delhi- Delhi-110048.

                                                                             ... ... Petitioner/s
                                                    Versus

           1.    The Union of India through the Secretary, the Ministry of External Affairs,
                 Government of India at New Delhi.
           2.    The Office of the Chief Passport Officer (CPO), Passport Seva Programme
                 (PSP) Division, Ministry of External Affairs, Room No.- 21, Patiala House,
                 Tilak Marg, New Delhi-110001.
           3.    The Regional Passport Officer, Patna having office at 2nd and 3rd Floor, D-
                 Block, Maurya Lok Complex, Patna, Bihar- 800001.
           4.    The Public Grievances Officer, PSP Division, Ministry of External Affairs,
                 Room No.- 24, Patiala House, Tilak Marg, New-Delhi-110001.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Sanchay Srivastava
                                               Mr. Aalekh Anand
                                               Mr. Sushant Srivastava
                                               Mrs. Sonali Priya
                                               Mr. Ashish Kumar Palit
                 For the Respondent/s   :      Mr. Ram Tujabh Singh-CGC
                                               Mr. Radhika Raman
                 ======================================================

                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                    ORAL ORDER

6   08-01-2026                      1. Heard learned counsel for the parties concerned.

                                    2. The marriage of the petitioner was celebrated in

                   South Korea on 13.12.2013 with Seunga Yang. The marriage

                   was registered in South Korea, and the petitioner, being Indian

                   also got it registered in India. The petitioner and his first wife

                   filed a petition for divorce before the Family Court in South
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          Korea on the ground of mutual consent and the decree of

          divorce was passed after mediation, etc., on 11.11.2024 on the

          ground of mutual consent, as per the South Korean law.

          Subsequently, the petitioner solemnized his marriage with

          another Korean girl, namely, Daun Jung, on 13.02.2025 in

          Incheon, South Korea. This marriage was also registered in both

          countries i.e. South Korea as well as in India.

                          3. The petitioner filed an application for change of

          name of his spouse as per the relevant rules (Passport Rules,

          1980) on 07.08.2025. However, the respondents-passport

          authorities, did not allow the operation of the passport by

          changing the name of the present spouse of the petitioner on the

          ground that, as per Clause 3.3.2 of the Compendium of

          Instructions, an application must be submitted by the parties at

          the competent Indian civil court and a declaratory order

          authenticating and confirming that the foreign divorce decree is

          in accordance with Indian law must be obtained by the

          concerned parties, before the mutual/contested foreign divorce

          is accepted by the Passport Issuing Authorities for grant of

          passport service.

                          4. Being aggrieved by the aforesaid, the petitioner

          has filed the present writ application for quashing and setting
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          aside      the        letter,    having         Letter   reference   No.

          SCN/1051024237/25, dated 30.10.2025, issued by the Regional

          Passport Office, Patna, whereby the petitioner has been directed

          to furnish a declaratory order by Indian Courts authenticating

          the Degree/Order of Divorce passed in favour of the petitioner

          on mutual consent by the competent court in South Korea.

                           5. The petitioner has further prayed for mandamus

          directing the authorities to allow the updation of the passport by

          changing the name of his present wife in the passport, without

          demanding any declaratory order by the Indian civil courts, and

          to forthwith issue an updated passport to the petitioner.

                           6.     Mr. Sanchay Srivastava, learned counsel

          appearing for the petitioner, submits that the petitioner is an

          Indian citizen, having Passport No. Z4068695 and is working in

          South Korea (Officially Republic of Korea) since 2008.

                           7.    The petitioner is an employee of Samsung

          Electronics, having its headquarters at South Korea, and at

          present he is Senior Director in Indian Subsidiary of Samsung

          Electronics on deputation of three years in India for a term

          which is ending in June, 2026.

                           8. During his stay at South Korea, the petitioner

          solemnized marriage with Seunga Yang in the year 2013 in
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          South Korea itself under the South Korean law and the marriage

          was registered both in South Korea and in India as well.

                          9.    Subsequently, both the petitioner and Ms.

          Seunga Yang, mutually decided to dissolve the marriage and

          filed a divorce suit before the competent Family Court at Suwon

          Family Court in South Korea on the ground of mutual consent.

          The Family Court at South Korea, after hearing both the parties

          and after following the due process of law, including the

          mediation, passed a decree of divorce on mutual consent on

          11.11.2024. The order of decree of divorce passed by the Family

          Court has been annexed at Annexure P-2 to the application.

                          10.    Learned counsel next submits that a divorce

          on mutual consent is available in both the jurisdictions, in South

          Korea as well as in India, but since the marriage was solemnized

          in South Korea and the petitioner as well as his divorced wife

          were living together in South Korea, it was mutually decided by

          them to approach the South Korea court of competent

          jurisdiction for dissolution of their marriage by mutual consent.

                          11.    Ms. Seunga Yang is a South Korean national

          and the petitioner is a permanent resident of South Korea.

                          12. After the decree of dissolution of marriage

          with Ms. Seunga Yang, the petitioner married another girl, who
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          is also a South Korean national, namely, Daun Jung, on

          13.02.2025 in Incheon, South Korea. This marriage was also

          solemnized in South Korea and later on registered in India as

          well.

                          13.    The petitioner is having a touring job and

          keeps on moving from South Korea to India and vice versa due

          to professional engagements. The passport of the petitioner,

          issued in India, is valid till 16.11.2026, and it was supposed to

          be renewed thereafter. Since the petitioner was working on

          deputation in India, the petitioner thought it wise to submit his

          passport for updation of name of his present wife before the

          Regional Passport Office at Patna, so that he may not face any

          last-minute difficulty in future.

                          14      Accordingly, the petitioner submitted an

          application on 08.08.2025 for renewal of passport and for

          change of his spouse name. The petitioner made a request for

          change of his ex-wife name, namely, Seunga Yang to his present

          wife name, namely, Daun Jung.

                          15. The Embassy to the Republic of Korea (South

          Korea) vide its letter, having Letter Ref. No. CON-25-57, dated

          22.10.2025, has clarified that there is no objection regarding the

          second marriage of the petitioner and nobody in the Republic of
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          Korea (South Korea) has made any objection in this regard.

                          16. Due to his official position, the petitioner is

          required to visit Samsung Headquarters in South Korea at least

          twice a year for business performance review and once in a year

          for medical check-up (as mandatory policy in South Korea in

          large company). The petitioner’s medical check-up for the year

          2025 and 2nd business performance review in South Korea are

          due and he may face adverse impact on his career and even the

          company, wherein he his currently employed may face penalty

          for violating the mandatory policy for large companies. Even

          the employer company has issued a letter/certificate, dated

          10.11.2025 in this regard. The petitioner is, therefore, required

          to visit South Korea before the end of the year 2025.

                          17.     It has further been argued that the Central

          Government, in exercise of power conferred under Section 24 of

          the Passport Act, 1967, amended the Passport Rules, 1980, by

          the Passport (Amendment) Rules, 2016, which came into force

          on the date of its publication in the Official Gazette vide Gazette

          Notification, dated 23.12.2016, having Notification            No.

          G.S.R.1171 (E).

                          18.     From perusal of the said amendment, it is

          clear that except the details provided by the applicant of the
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          passport      in      the     application       form,   no   proof   of

          marriage/dissolution of marriage (court’s order for judicial

          separation/decree of divorce) etc. is required.

                          19. Accordingly, the submission is that insistence

          of respondent-authorities in demanding a declaratory order from

          the Indian civil courts, authenticating and confirming the decree

          of divorce obtained by the petitioner on the ground of mutual

          consent from the competent court in South Korea, is contrary to

          the Passport Rules, 1980, inasmuch as the notification, dated

          23.12.2016, explicitly dispenses with the requirement of any

          additional proof or court order for change of name of spouse in

          the passport following marriage, re-marriage or divorce. The

          action of the respondent-authorities in insisting for declaratory

          order from Indian Civil Court is arbitrary, unreasonable and

          violative of Articles 14, 19 and 21 of the Constitution of India.

                          20.    Learned counsel relied upon the judgment of

          Supreme Court in case of Jaiveer Singh and Ors. v. State of

          Uttarakhand and Ors. (Civil Appeals No. 7871-72 of 2023

          with No. 7873 of 2023), reported in (2024) 15 SCC 227, on the

          proposition that the Government cannot amend or supersede

          statutory rules by administrative instructions, but if the rules are

          silent on any particular point, it can fill up the gaps and
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          supplement the rules and issue instructions not inconsistent with

          the rules already framed. The authority cannot issue order/

          public memorandum/executive instructions in contravention of

          the statutory rules.

                          21.     The Rules specifically provides that in the

          application form for change of name of spouse, no proof of

          marriage, dissolution of marriage, etc. is required. Therefore,

          insistence of the respondents-authorities in demanding a

          declaratory order from the Indian civil courts, authenticating

          and confirming the decree of divorce, obtained by the petitioner

          on the ground of mutual consent from the South Korean court

          on the basis of compendium, which is in the nature of guideline,

          is bad in view of the specific provisions for change of name of

          spouse in the passport as provided in the relevant rules.

                          22.       Learned counsel, thereafter, referred to

          Section 13 of the Code of Civil Procedure dealing with the

          foreign judgments and submits that as per the Section 13 of the

          Code of Civil Procedure, the foreign judgment shall be

          conclusive as to any matter thereby directly adjudicated upon

          between the same parties or parties under whom they or any of

          them claim litigating under the same title except:-

                          (a) where it has not been pronounced by a Court of
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                          competent jurisdiction;

                          (b) where it has not been given on the merits of the
                          case;

                          (c) where it appears on the face of the proceedings
                          to be founded on an incorrect view of international
                          law or a refusal to recognise the law of India in
                          cases in which such law is applicable;

                          (d) where the proceedings in which the judgment
                          was obtained are opposed to natural justice;

                          (e) where it has been obtained by fraud;

                          (f) where it sustains a claim founded on a breach of

                          any law in force in India.

                          23.     The judgment passed by the competent court

          at South Korea is not falling under the exceptions as given in

          Section 13 of the Code of Civil Procedure and it is not the case

          of the passport authority that the decree of divorce granted by

          the competent court of South Korea is contrary to the Indian

          laws and is against the public policy. He has also pointed out

          that Section 14 of the Code of Civil Procedure, for the purpose,

          that there is presumption of correctness of foreign judgment

          unless the contrary appears on record.

                          24.     He next relied upon the judgment of Kerala

          High Court on the similar issue and submitted that the Hon’ble

          Kerala High Court in the case of Nibu Mathew Titus v. The
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          Union of India and Ors., passed in (WP (C). No. 34864 of

          2019(G)), taking into note of judgment of the Hon’ble Supreme

          Court passed in (1991) 3 SCC 451, in the case of Y. Narasimha

          Rao and Ors. v. Y. Venkata Lakshmi and Ors., as referred in

          the Clause 3.3.1 of the Compendium of Instructions/Guidelines

          Relating to issue of Passports in India/Abroad, has held that

          Compendium of Instructions cannot be construed to be a law

          and part-take the character applicability of Rules which have

          force of law and directed the respondent-passport authorities to

          take into consideration the application strictly as per the

          Passport Rules, 1980, without delving into the Compendium of

          Instructions.

                          25.         Learned counsel also relied upon the

          judgment of Telangana High Court on similar point, by which,

          the Hon’ble Telangana High Court, in the case of Smt. Hima

          Bindu Maguluri v. Union of India, passed in Writ Petition

          No. 13669 of 2025, has held that respondents’ insistence upon a

          declaratory order is unjustified when the foreign court had

          jurisdiction and both the parties had voluntarily participated in

          the proceedings leading to dissolution of marriage.

                          26.      On the other hand, learned counsel for the

          respondents-passport authorities argued that as per Clause 3.3.2
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          of the Compendium of Instructions, in case of mutually agreed

          or mutual properly contested divorce cases also, an application

          must be submitted by the parties at the competent Indian civil

          court and a declaratory order authenticating and confirming that

          the foreign divorce decree is in accordance with Indian law must

          be    obtained        by    the     concerned   parties,   before   the

          mutual/contested foreign divorce is accepted by the Passport

          Issuing Authorities for grant of any passport service.

                          27.    I have heard learned counsel for the parties

          and have gone through the materials available on record,

          including the relevant rules and judgments relied upon by the

          petitioner.

                          28.    The facts are not disputed that the petitioner

          celebrated his first marriage with Ms. Seunga Yang in South

          Korea while he was permanently residing and working in South

          Korea. The decree of divorce has been obtained from the Family

          Court of South Korea on 11.11.2024, for which Notarial

          Certification has been issued by the South Korea, along with

          translated copies.

                          29.        Subsequently, the petitioner solemnized

          marriage with another South Korea girl, namely, Daun Jung, on

          13.02.2025, as per the South Korean law and the marriage was
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          registered in South Korea as well as in India.

                          30.    Since the passport of the petitioner, which is

          valid till 16.11.2026, was holding the name of his ex-wife,

          namely, Seunga Yang, and the petitioner is in India in relation to

          his professional work/engagement, he thought it appropriate to

          get the passport updated by changing the name of his ex-wife

          with his present wife, namely, Daun Jung.

                          31.    Accordingly, the petitioner applied as per the

          relevant rules, which is the Passport Rules, 1980, and its

          amendment held in the year 2016, for change of name of his ex-

          wife, namely, Seunga Yang, and updation of his passport by

          adding the name of his present wife, namely, Daun Jung, in the

          column of spouse as well as for renewal of the passport, which

          is expiring on 16.11.2026.

                          32. The relevant rules, which has been brought on

          record and has not been denied by the respondents, is the

          Passport Rules, 1980, and in exercise of the power conferred in

          Section 24 of the Passport Rules, 1967, the Central Government

          amended the Rules and a notification in this regard was issued

          in Official Gazette on 23.12.2016 vide Gazette No. G.S.R. 1171

          (E).

                          33.     Clause 2 (B) of the Passport (Amendment)
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          Rules, 2016, deals with the change of name/addition of spouse’s

          name in passport on reissue basis and says that re-married

          applicant applying for change of name of spouse in the passport

          is not required to provide any other proof/dissolution of

          marriage, except the details provided by the applicant in the

          application form.

                          34.      The foreign judgment of divorce on the

          ground of mutual consent is not contrary to the Indian laws and

          also not contrary to the public policy of India.

                          35.     It is not the case of the respondents that the

          decree of divorce on mutual consent passed by the foreign court

          is falling under the exception as provided under Section 13 of

          the Code of Civil Procedure. There is presumption of

          correctness of foreign judgments if the judgment was

          pronounced by a competent court of jurisdiction, unless the

          contrary appears on record.

                          36.    The respondents have failed to produce any

          material to show that the decree of divorce passed by the Family

          Court at South Korea was not a competent court of jurisdiction.

                          37.      The law is settled that any executive

          /administrative instructions cannot supersede or over-ride

          statutory rules. The statutory rules in the present case, which is
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          the Passport Rules, 1980, does not have any provision requiring

          the citizen seeking updation of the passport or passport on the

          basis of foreign decree to submit a declaratory order passed by

          Indian Civil Court.

                          38. On the contrary, the rules says that no proof of

          dissolution of marriage is required to be submitted for change of

          name or addition of spouse name in the passport.

                          39.    Considering the aforesaid discussion and the

          fact that the petitioner has duly applied for change of name of

          spouse on the basis of decree of divorce passed by the

          competent court at South Korea and no doubt upon the said

          judgment in respect of his lack of jurisdiction has been

          expressed by the respondent-authorities and the decree of

          divorce passed by the foreign court is not in inconsistent with

          the Indian law and/or public policy, the insistence of the

          respondent-passport authorities in demanding a declaratory

          order from Indian civil courts is contrary to the Passport Rules,

          1980, amended as on 26.12.2016.

                          40.    Accordingly, the respondents, particularly, the

          Passport Authority at Patna are directed to take appropriate

          decision on the application of the petitioner for renewal and

          change of name of spouse as per the Passport Rules, 1980,
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                      within a period of 15 days without insisting upon the

                      requirement of declaratory order authenticating and confirming

                      the foreign divorce decree as per Clause 3.3.2 of Compendium

                      of Instruction/Guidelines.

                                      41.    In the result, this writ application is allowed.

                                      42.    There shall be no order as to costs.



                                              (Anil Kumar Sinha, J)
ashwani/-

U


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