BCC 515/2006

This case involved a mother's request for her son's passport as her husband had left her and she had custody of the boy. The husband argued there was no evidence of the mother's custody of the boy. As there was no evidence that custody of the child had switched to another person the mother was entitled to have his passport so she could deal with day to day issues.

Background

A wife filed a case against her husband before the court of urgent affairs requesting the husband provide her with the passport for her son. The wife said that the husband had left her without paying expenses and the son was under her custody, so he should get his passport.

The court of urgent affairs said that it had no mandate to consider the case.

The wife appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled that the husband should provide the wife with the passport.

Decision