The woman does not need to take permission from her husband for a passport. The Madras High Court, while giving a historic verdict, said that the mindset of considering the wife as the property of the husband needs to be eliminated. In fact, the woman’s passport application was rejected because it did not have the signature of the husband.
The woman does not need to take permission from her husband for a passport. The Madras High Court, while giving a historic verdict, said that the mindset of considering the wife as the property of the husband needs to be eliminated. In fact, the woman’s passport application was rejected because it did not have the signature of the husband. The court described this demand of the passport office as surprising and said that this thinking still reflects the mindset of considering women as the property of the husband.
What was the matter?
This case is related to a married woman, who is stuck in a divorce case with her husband. The woman had applied for a passport in April 2025, but the passport office did not extend the process of the application because it did not have the signature of the husband. When the woman told them that the divorce case is pending in the court, the passport office still said that the husband’s signature is necessary. After this, the woman filed a petition in the Madras High Court against the Ministry of External Affairs, Passport Office and Chennai Police.
What did the Madras High Court say?
The court clearly stated that a woman does not lose her identity and rights even after marriage. The court remarked that this system of taking permission from the husband for a passport reflects male-dominated thinking and is against women’s freedom in society.
The court said that it is extremely shocking that the passport office is seeking the husband’s permission and signature, while the relationship between the husband and wife is already strained. It is like imposing an impossible condition.
Court order
The court directed the passport office to process the woman’s passport application independently and if all other documents are complete, the passport should be issued to the woman within four weeks.
Impact of the decision
This decision has made it clear that one’s marital status cannot affect his/her personal and constitutional rights. This decision is especially a relief for women who are going through the process of marital dispute or divorce. This decision supports the identity, dignity and freedom of women.
Women’s rights in the eyes of law
According to the Passport Act 1967 and Passport Rules 2016, now husband’s approval or marriage certificate is not required for passport. A woman can keep her maiden name even after marriage. This is her valid and constitutional right. Passport can be stopped only for the reasons given in Section 6 of the Passport Act, such as national security, pending criminal case etc. This decision is not only related to a woman’s passport application, but it is a strong message to the entire society that a woman does not need any man’s approval for her identity and rights.
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