Bombay High Court

FELIZIA JOYLANNE MARTINS AND 2 ORSversusUNION OF INDIA THR THE MINISTRY OF EXTERNAL AFFAIRS AND 2 ORS

Disposal: Disposed of

Holding

The court held that with the father's consent, there is no impediment and the passport officer must issue the passports.

Summary

The petitioners, three minor children, sought the issuance of Indian passports. The father, respondent No.3, who resides abroad, was served notice and appeared via video conference, stating he had no objection and would provide written consent. The Union of India and the Regional Passport Officer were also respondents. The court noted that the father's consent removed any legal impediment to passport issuance. Consequently, the court directed the passport officer to process and issue the passports within two weeks. The petition was thereafter disposed of.

Issues considered

Whether a passport can be issued to minor applicants in the absence of the father's consent
Whether the passport officer can be directed by the court to issue passports upon receipt of the father's consent

Subjects

passport issuance
minor applicants
father's consent
writ petition
High Court of Bombay at Goa
family law

Judgment

                                  68 WP 665 2026


     vinita
              IN THE HIGH COURT OF BOMBAY AT GOA
                  WRIT PETITION NO.665 OF 2026


 1       Miss. Felizia Joylanne Martins, Age-15,
         Indian national,

 2       Mast. Feliciano Cajetan Martins, Age-
         26, Indian national,

 3       Miss. Jazzlyn Velanka Martins, Age-6
         Indian national,
         All represented through their Natural
         Guardian     Mother      Mrs.   Felcy
         Anunciacao Ferrao and all Resident of
         House No. 1509/2, Felix Nest Rego
         Bagh, Alto Santa Cruz, Bambolim North
         Goa.                                  …        Petitioners.


         Versus

 1       Union of India, Through the Ministry of
         External Affairs New Delhi.

 2       The Regional Passport Officer Ministry
         of External Affairs Regional Passport
         Office, Panaji Goa.

 3       Mr. Joyston Alexius Martins, Son of Mr.
         Joaquim Martins, Age about 34 years,
         Resident of H.No. 20/333/A, Kevnem,
         Caranzalem, Goa. Pincode-403002
         Presently residing at Joyston Martins,
         LE5 4EA, Leceister England.
         Email :- [email protected]
         Ph. No.:- +447438861261                 …      Respondents.



Mr. Vithal Naik, Advocate for the Petitioners.

Mr. Pravin N. Faldessai, Deputy Solicitor General of I ndia for the
                                      Page 1 of 3
                                  8th September, 2026
                                 68 WP 665 2026

Respondent No. 1.

Mr. Joyston Alexius Martins, Respondent No. 3 present through VC.


                    CORAM:- VALMIKI MENEZES &
                            AMIT S. JAMSANDEKAR, JJ.
                    DATED :- 8th September, 2026


JUDGMENT ( Per Valmiki Menezes,J).

1.   Leave to amend the cause title for the purpose of correcting the

     age of Petitioner No. 2. The amendment shall be carried out

     forthwith.


2.   Heard learned Counsel for the Parties.


3.   Rule. Rule made returnable forthwith with the consent of the

     learned Counsel for the Respondent No.1 and Respondent No.3

     in person through VC.


4.   Mr P. Faldessai, learned Deputy Solicitor General of India

     waives notice on behalf of Respondent No.1.


5.   Respondent No. 3 has been served with notice of this Court by

     email. He has appeared through Video Conferencing (VC), as he

     is presently in Leicester, United Kingdom. Respondent No.3

     states that he has no objection if the Passport Officer issues

     passports in favour of the three Petitioners, who are all his

     children. He further submits that he shall communicate his
                                     Page 2 of 3
                                 8th September, 2026
                                                              68 WP 665 2026

                                 consent in writing by email directly to the office of the Passport

                                 Officer at the email address mentioned at page 13 of the

                                 Petition.


                       6.        In view of the fact that the father of the Petitioners, who is

                                 Respondent No. 3, has now conveyed his consent for the

                                 issuance of passports, there is no impediment to the

                                 Passport Officer processing the applications submitted by the

                                 three Petitioners and issuing the passports. The Passport

                                 Officer shall, preferably, process the applications and issue the

                                 passports within a period of two weeks from today.


                       7.        With the aforesaid directions, the Petition stands disposed of.

                                 Rule is made absolute in the above terms.


                       8.        The Writ Petition stands disposed of accordingly.




                         AMIT S. JAMSANDEKAR, J.                       VALMIKI MENEZES, J.




Signed by: VINITA VIKAS NAIK
Designation: Private Secretary
                                                                  Page 3 of 3
Date: 09/09/2026 12:10:40
                                                              8th September, 2026

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