Woman does not loose her individuality after marriage, husband's permission not needed for applying for passport: Madras HC

Chennai: The Madras High Court in a recent order held that a woman does not loose her individuality after getting married and it is not necessary for her to get the permission of her husband and take his signature before applying for a passport before the authority concerned.

Justice N Anand Venkatesh held this while hearing a plea filed by a woman seeking direction to the respondent authorities to issue fresh passport to her without insisting signature from her husband in her name in time bound manner.

“The petitioner after marrying 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 practise is nothing short of male supremacism,” Justice Venkatesh said.

The High Court, while directing the authorities concerned to process the application of the petitioner and issue passport in her name within four weeks on she satisfying the other requirements, observed the application submitted by her seeking for passport has to be processed independently and 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 (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,” the High Court said.

The High Court further noted that the relationship between the petitioner woman and her husband is already in doldrums and the regional passport office is insisting the petitioner to fulfil an impossibility.

“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 fulfil an impossibility,” the High Court said.

As per the petitioner woman, she got married in the year 2023 and they had a female child born in the year 2024. There was a matrimonial dispute between the couple resulting in the husband moving the court for dissolution of marriage. The petitioner woman applied for passport on April 24, 2025 before the regional passport office. However, it was not processed and when enquired, the petitioner woman was informed that she must obtain the signature of her husband in Form-J and only thereafter, her application will be processed by the regional passport office.