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Patriarchy Check: HC Rules Out Husband’s Nod For Wife’s Passport

In a Public Interest Litigation (PIL) filed before the Madras High Court, the bench of Justice N. Anand Venkatesh recently held that a wife can apply for a passport without requiring the permission or signature of her husband. Such a practice does not augur well for a society that is striving for women's empowerment and emancipation, observed the court.

“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.” the court stated.

Brief Facts

The petitioner married her husband in the year 2023 but marital disputes between the couple, led the husband to file for dissolution of their marriage. The petitioner applied for a fresh passport before the Regional Passport Office (Respondent no. 2) on 24/04/2025, but the application was not processed.The petitioner was informed that she is required to obtain the signature of her husband in Form-J. Furthermore, the ongoing marital discord was also cited as a reason for denying her application for a passport. Aggrieved, the petitioner filed the present petition.

On examination of facts and submissions the Madras High Court held that a wife's passport application must be processed independently and does not require her husband's permission or signature. It criticized the second respondent's insistence on such a requirement, calling it a reflection of a regressive mindset that treats married women as their husband's property.

“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 2nd respondent 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 2nd respondent is expecting the petitioner to get the signature of the husband. Virtually, the 2nd respondent is insisting the petitioner to fulfill an impossibility.” the observed.

Accordingly, the Court directed the Respondent No. 2 to process the petitioner’s passport application and issue the passport upon fulfillment of other necessary requirements. The court also ordered for the same to be completed within four weeks from the date of receiving the court order.


Case Details: J.Revathy vs. Government of India and ors., W.P no. 21709 of 2025

Advocate for the Petitioner: V.S.Usha Rani

Advocate for the Respondent: Mr.G.Subramanian Central Government Counsel for R1 & R2, Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side) for R3

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Manasvi Pandey

Legal Intern, 3rd Year student at ICFAI, Dehradun

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