The Madras High Court has ruled that a married woman is not required to obtain her husband’s consent or signature to apply for a passport. Justice N. Anand Venkatesh, presiding over a writ petition, issued a direction to the Regional Passport Office to process the petitioner’s application independently and without insisting on the husband’s approval.
Background
The petitioner, a married woman with a child, is presently involved in a matrimonial dispute with her husband. A divorce petition filed by the husband is pending before the Sub Court, Alandur.
She had applied for a passport on April 24, 2025, before the Regional Passport Office in Chennai. However, her application was not processed. Passport officials informed her that her husband’s signature was required in Form-J due to the ongoing legal dispute. Aggrieved by this, she approached the High Court seeking a writ of mandamus directing the authorities to issue her passport without requiring her husband’s signature.
Court’s Observations
The Court strongly criticized the requirement, stating:
“It is not necessary for a wife to get the permission of her husband and take his signature before applying for a passport before the authority. This insistence made by the 2nd respondent shows the mindset of the society in treating woman who are married as if they are chattel belonging to the husband.”
Justice Venkatesh noted that the relationship between the petitioner and her husband had already deteriorated, and expecting her to get his signature was “virtually… insisting the petitioner to fulfill an impossibility.”
He emphasized that:
“The petitioner… does not lose her individuality and a wife can always apply for passport without the permission or signature of the husband in any form.”
Calling the practice “nothing short of male supremacism,” the Court observed that such outdated practices do not align with a society moving towards women’s emancipation.
Final Order
The Court directed the Regional Passport Office to process the application and issue the passport in the petitioner’s name, provided she meets all other statutory requirements. The process is to be completed within four weeks from the date of receipt of the order.
The writ petition was disposed of accordingly, with no order as to costs.
