Mizriya vs Union of India

Type Court Judgment Court Kerala Orders Decided Jan 20, 2022

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Citation: sooperkanoon.com/1444443
Court: Kerala Orders High Court
Judge: Honourable Mr. Justice Amit Rawal
Decided On: Jan 20, 2022
Case Number: WP(C)/2061/2022

Parties & Advocates

Appellant / Petitioner

Mizriya

Respondent

Union of India

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice amit rawal thursday, the 20th day of january 2022 / 30th pousha, 1943 wp(c) no. 2061 of 2022 petitioner: mizriya, d/o.muhammad iqbal, aged 23 years, valiyaparambil house, anchappalam, methala p.o., kodungallur, thrissur-680669. by advs. c.a.chacko c.m.charisma respondents: 1 union of india, represented by secretary to government of india, ministry of external affairs, new delhi-110001. 2 the passport officer, passport office, thrissur district, pin 680004 this writ petition (civil) having come up for admission on 20.01.2022, the court on the same day delivered the following: wp(c) no. 2061 of 2022 -2-judgmentlearned counsel for the petitioner seeks liberty of this court for withdrawal of the writ petition with liberty to file afresh after obtaining the order of the passport authority rejecting the application of the petitioner for issuance of the passport without the name of the husband of the petitioner. in case such application is submitted before the passport authority intimation of the decision will be provided within a period of one week from the date of receipt of a certified copy of thejudgment in accordance with law.sd/- amit rawal judge vv wp(c) no. 2061 of 2022 -3- appendix of wp(c) 2061/2022 petitioner exhibits exhibit p1 true copy of marriage certificate dated 16.2.2019 issued by local registrar of marriages(common), kodungallur municipality exhibit p2 true copy of relevant page of petitioner's passport bearing no.s8990312 exhibit p3 true copy of the agreement dated 09.07.2019 executed by the petitioner and her former husband exhibit p4 true copy of certificate dated 12.07.2019 issued by secretary, cheraman juma masjid committee, kodungallur exhibit p5 true copy of online application submitted before the 1st respondent on 10.1.2022. exhibit p6 true copy of judgment of this hon'ble court dated 23.02.2015 in wp(c) no.4955/2015

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL THURSDAY, THE 20TH DAY OF JANUARY 2022 / 30TH POUSHA, 1943 WP(C) NO. 2061 OF 2022 PETITIONER: MIZRIYA, D/O.MUHAMMAD IQBAL, AGED 23 YEARS, VALIYAPARAMBIL HOUSE, ANCHAPPALAM, METHALA P.O., KODUNGALLUR, THRISSUR-680669. BY ADVS. C.A.CHACKO C.M.CHARISMA RESPONDENTS: 1 UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI-110001. 2 THE PASSPORT OFFICER, PASSPORT OFFICE, THRISSUR DISTRICT, PIN 680004 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2061 OF 2022 -2-

JUDGMENT

Learned counsel for the petitioner seeks liberty of this Court for withdrawal of the writ petition with liberty to file afresh after obtaining the order of the Passport Authority rejecting the application of the petitioner for issuance of the Passport without the name of the husband of the petitioner. In case such application is submitted before the Passport Authority intimation of the decision will be provided within a period of one week from the date of receipt of a certified copy of the

judgment in accordance with law.

Sd/- AMIT RAWAL JUDGE vv WP(C) NO. 2061 OF 2022 -3- APPENDIX OF WP(C) 2061/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF MARRIAGE CERTIFICATE DATED 16.2.2019 ISSUED BY LOCAL REGISTRAR OF MARRIAGES(COMMON), KODUNGALLUR MUNICIPALITY EXHIBIT P2 TRUE COPY OF RELEVANT PAGE OF PETITIONER'S PASSPORT BEARING NO.S8990312 EXHIBIT P3 TRUE COPY OF THE AGREEMENT DATED 09.07.2019 EXECUTED BY THE PETITIONER AND HER FORMER HUSBAND EXHIBIT P4 TRUE COPY OF CERTIFICATE DATED 12.07.2019 ISSUED BY SECRETARY, CHERAMAN JUMA MASJID COMMITTEE, KODUNGALLUR EXHIBIT P5 TRUE COPY OF ONLINE APPLICATION SUBMITTED BEFORE THE 1ST RESPONDENT ON 10.1.2022. EXHIBIT P6 TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT DATED 23.02.2015 IN WP(C) NO.4955/2015

Same Court & Year Kerala Orders · 2022 Same Parties Mizriya vs Union of India Same Judge Honourable Mr. Justice Amit Rawal