In a significant ruling that underscores parental responsibility, the Telangana High Court has mandated the immediate issuance of passports to two minor children, overriding their biological father's refusal to grant consent. The court strongly criticized the father for abandoning his parental duties and failing to provide financial support.
Court Denounces Father's Neglect
Justice Nagesh Bheemapaka delivered the judgment on October 31, 2024, following a petition filed by the children's maternal grandfather, a retired additional superintendent of police. The court noted that the father had failed to pay monthly maintenance of Rs 12,000 (later reduced to Rs 8,000) since May 5, 2024, despite court orders.
The judgment highlighted that the father had "remarried and has shown no interest in assuming responsibility for the children, as evidenced by his refusal to pay maintenance and his neglect in fulfilling his parental duties." The court found compelling evidence that the children are under the sole care of their maternal grandparents.
Father's Demands and Legal Arguments
During proceedings, it emerged that the father had refused consent for the passports while allegedly demanding "the entire property of the deceased mother of the minors as well as hand over of the gold of the minors' mother." The father's counsel argued that he remains the natural guardian and that the maternal grandfather has no legal right to unilaterally apply for passports.
However, Justice Bheemapaka reviewed all evidence, including pending guardianship and maintenance proceedings, and concluded that the father "has not only abandoned his parental responsibilities but has also actively refused to provide consent for issuance of passports for his children."
Constitutional Right to Travel Upheld
The court emphasized that the right to travel, guaranteed under Article 21 of the Constitution, extends to minors, particularly when the non-consenting parent shows indifference toward the child's welfare. The judgment stated that this right becomes especially relevant "when the non-consenting parent is either untraceable, indifferent, or has shown no interest in the child's welfare."
The Commissioner of Police, Cyberabad, had confirmed that the minor children are residing with their maternal grandparents and that all documentary requirements for passport issuance had been fulfilled. The court found that the grandfather, as the primary caretaker, had made a "compelling case for children's right to travel abroad with their maternal grandparents."
Ultimately, the writ petition was allowed, directing the official respondents to issue the passports in accordance with the law. This ruling sets an important precedent for cases involving parental neglect and children's rights to international travel with their primary caregivers.
