J Revathy v The Government of India (Madras High Court)

COURT:
JUDGES:
LEGISLATION(S):
COUNSEL: ,
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A wife can always apply for passport without the permission or signature of the husband in any form. The practice of insisting for permission from the husband to apply for passport, does not augur well for a society which is moving towards woman's emancipation. This practise is nothing short of male supremacism.

(i) In the considered view of this Court, the application submitted by the petitioner seeking for passport has to be processed independently. 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 Regional Passport Office shows the mindset of the society in treating woman who are married as if they are chattel belonging to the husband. It is quite shocking that the passport office is insisting for the permission of the husband and his signature in a particular form in order to process the application submitted by the petitioner for passport. Already the relationship between the petitioner and her husband is in doldrums and the Regional Passport Office is expecting the petitioner to get the signature of the husband. Virtually, the Regional Passport Office is insisting the petitioner to fulfill an impossibility.

(ii) The petitioner after marrying the above said Mohanakrishnan does not lose her individuality and a wife can always apply for passport without the permission or signature of the husband in any form. The practice of insisting for permission from the husband to apply for passport, does not augur well for a society which is moving towards woman emancipation. This practise is nothing short of male supremacism.

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