Can Passport Authorities Demand A Divorce Decree For Removing Ex-Spouse’s Name? Kerala High Court Says No
The Kerala High Court held that passport authorities cannot insist on production of a court-issued divorce decree or judicial-separation order merely to delete a former spouse’s name from an existing passport. The Court relied on Section IV of the Passport Information Booklet under Schedule III to the Passports Rules, 1980, which states that divorcees seeking a name change or deletion of a spouse’s name need not produce proof of dissolution of marriage. It further held that an executive office memorandum cannot override statutory rules.