A 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 a wife as the property of her husband needs to be abolished.
In fact, the woman’s passport application was rejected because it did not have the signature of her husband. The court called this demand of the passport office surprising and said that this thinking still reflects the mindset of considering women as the property of their husbands.
What was the matter?
This case is related to a married woman who is stuck in a divorce case with her husband. The woman applied for a passport in April 2025, but the passport office did not proceed with the application because it did not have her husband’s signature. 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.
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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 asking for the permission and signature of the husband when the relationship between the husband and wife is already strained. This is like imposing an impossible condition.
Court order
The court directed the passport office to process the woman’s passport application independently and issue the passport to her within four weeks if all other documents are complete.
Impact of the decision
This decision has made it clear that one’s marital status cannot affect one’s 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.
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Women’s rights in the eyes of the law
As per 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 withheld only for 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 a man’s approval for her identity and rights.
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