The Madras High Court recently held that a woman does not lose her individuality after marriage and has the full legal right to apply for a passport without her husband's permission or signature [J Revathy v The Government of India and Others]..Justice N Anand Venkatesh observed that the practice of insisting on a husband's permission to apply for a passport does not augur well for a society striving for women's emancipation and is nothing short of male supremacism."The petitioner after marrying the above said Mohanakrishnan does not loose 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 practice is nothing short of male supremacism," the Court opined..It was hearing a plea by one J Revathy, whose passport application had been kept in abeyance by the Regional Passport Office (RPO) at Chennai, on the ground that her husband had not signed the application form (Form-J).Revathy had married one Mohanakrishnan in 2023 and had a child the following year. Due to matrimonial disputes, the husband had filed for divorce, which was pending adjudication. In the meantime, Revathy applied for a passport in April but the passport office declined to process her application without her husband’s signature..Aggrieved, she approached Madras High Court for relief.The Court took strong exception to the conduct of RPO and emphasized that a woman retains her legal individuality post-marriage and has an independent right to make decisions about her life.The Court observed that the insistence by the RPO for getting husbands signature in order to process her passport reflects a societal mindset that views married women as chattel belonging to their husbands."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," the Court noted..Accordingly, it directed the passport authorities to process her application and issue the passport within four weeks, provided other formalities are satisfied..Advocate VS Usha Rani appeared for the petitioner while Advocates G Subramanian and Leonard Arul Joseph Selvam appeared for the respondents..[Read Order]
