In matrimonial litigation, a minor child does not need to be a formal "party" (petitioner or respondent) for the court to pass orders regarding their welfare. Under Section 26 of the HMA the Family Court has powers to pass interim or permanent orders regarding the custody, maintenance, and education of minor children. Even if the child isn't named as a party, the court views the parents as the representatives of the child's interests. Seeking a signature for a passport is considered as interest of the child (e.g., for education or travel), and courts generally  entertain such applications within an ongoing divorce suit to avoid a multiplicity of litigation.

Under the Passports Act, 1967, if one parent does not consent, the other parent often needs a court order to bypass that requirement. The Family Court, already seized of the matrimonial dispute, is considered the competent authority to decide if the refusal to sign is justified or merely an act of "matrimonial spite."

The Family Court won't "issue" the passport; it will simply pass a direction to the respondent to sign the form or authorize the Passport Officer to process the application without the other parent's signature based on the court's permission.

the Family Court generally holds jurisdiction over ancillary matters affecting the welfare of minor children, such as passport consent, even if the child is not formally a party. The court can direct a parent to sign documents to facilitate the child's travel or welfare, as this falls within the court's responsibility to protect the child's best interests

Legally, a minor cannot be made a party to a suit. In this case, the husband seeks a direction from the court against his wife and not against the minor. As such, the husband's action is well within the law. The family court can very well entertain the husband's application and decide it on merits. The wife should have sufficient grounds, acceptable to the court, for opposing the husband's request.

Yes relief can be sought for minor child but for seeking passport separate application will be needed

Yes, relief can be sought in regard with the child, although to seek issuance of passport, you may have to file a separate application in such regard in court.

Yes, the relief can be sought by filing an application under section 26 of HMA and the Court has all power to pass any order related to child for the welfare of the child as the welfare of the child is paramount consideration of the Court.

Dear Client,

Under the HMA and related jurisprudence, the Family Court, while hearing the divorce petition under Section 13, can also deal with incidental or ancillary reliefs affecting the minor child, even though the child is not formally a party; courts have held that the welfare of the child remains a relevant consideration in matrimonial proceedings, and the court can pass directions regarding custody, visitation, or cooperation‑related matters such as passport‑application consent, particularly when the divorce‑related records and custody‑status are already before it. Therefore, yes, the husband can seek a direction in the HMA case asking the wife to cooperate (e.g., give consent) for the minor’s passport, and the Family Court has jurisdiction to decide this application, because the issue is connected with the status of the parents and custody of the child, not a freestanding passport‑law dispute; the final grant or refusal of the passport, however, remains with the Passport Authority / Government, which acts on the court’s order or on the parents’ affidavit‑declarations as per the Passport Rules and judicial directions

I hope this helps and if you have any further issues do not hesitate to contact us.

In proceedings under Hindu Marriage Act, 1955, the minor child is ordinarily not a formal party to the divorce petition. However, that does not prevent the court from passing orders affecting the child’s welfare. Matrimonial courts routinely exercise powers relating to custody, access, and other incidental matters concerning children, even though the child is not impleaded as a party.

On your first query, relief concerning the minor can be sought in such proceedings. The child is treated as the subject of the court’s concern rather than a litigating party. The court’s focus remains the welfare of the minor, which is the paramount consideration in all such matters.

On your second query, the Family Court does have jurisdiction to entertain such an application. Under Family Courts Act, 1984, Family Courts are vested with jurisdiction over matters relating to matrimonial disputes as well as issues concerning guardianship and custody of minors arising out of such disputes. A direction to a parent to cooperate in signing documents, including consent for issuance of a passport, is generally treated as ancillary to custody and welfare jurisdiction.

Courts have consistently held that if one parent is unreasonably withholding consent and it affects the child’s welfare, the court can either direct that parent to give consent or, in appropriate cases, dispense with such consent. This is also aligned with the framework under the Passports Act, 1967 and related rules, where court orders can substitute parental consent in certain circumstances.

In practice, the Family Court will examine factors such as the purpose of travel, duration, safety, custody arrangement, and whether the travel is in the child’s best interest. It may impose safeguards like return undertakings, itinerary disclosure, or limited duration permission.

In summary, even though the minor is not a party, the Family Court can validly entertain and decide such an application, and it has the authority to issue appropriate directions based on the welfare of the child.

(a) Yes, the Family Court can entertain even the child is not a party in the said case.

(b) Yes, the Family Court has jurisdiction to pass an order on this application for the issuance of the passport and this right cannot be denied only on the ground that the said child is not a  party .

- However, the husband will have to take permission from the court before travelling the child out of the country .

No, relief cannot be directly sought for the minor child as they are not a formal party to the divorce petition under Section 13 of the Hindu Marriage Act, 1955 (HMA). However, courts may address incidental child-related matters like passport consent to protect welfare.

Even if the minor child is not formally impleaded as a party in the divorce proceedings under Section 13 of the Hindu Marriage Act, the Family Court may still entertain interlocutory applications concerning the welfare, custody, education, visitation, or travel of the minor child, because such issues are incidental to matrimonial disputes between the parents. The Family Court has jurisdiction regarding custody, maintenance, welfare, and education of minor children in proceedings arising out of matrimonial disputes. Therefore, the objection that “minor child is not a party” alone may not be sufficient to reject the application.

Family Court does not itself issue passports.
The statutory authority under the Passports Act remains with the Passport Authority.The Family Court only determines whether refusal of consent is unreasonable,whether travel is in the welfare of the child,and whether safeguards are necessary. A complete lack of jurisdiction argument may not always succeed because Family Courts possess wide powers in matters concerning welfare of children arising from matrimonial disputes.

As per the dictum in Juvairiya Vs Regional Passport Officer (2014 (1) KLT 990), where visitation rights are provided to a parent, the other parent cannot unilaterally apply for a passport without following the prescribed procedure which protects the rights of the parent having visitation.

Please note that Under Section 26 of the Hindu Marriage Act, 1955, in any matrimonial proceeding (e.g., Section 13 divorce), the court may pass interim orders on custody, maintenance, and education of minor children without requiring the child to be impleaded as a party. This includes ancillary relief like travel consent or passport directions, consistently with the child's welfare.