Queries about annexure - k for passport
Jay
(Querist) 24 December 2013
This query is : Resolved
Hi,
I am divorced in January 2013. My spouse name is added in my passport. Divorce document is on a Notary. In a notary we had added a clause that “both the parties are agreed that in future they are going to sign in a court if need is arise from any side”
I want to remove her name from my passport and I came to know that court decree is necessary to make any of such change.
I thought that filing a petition and making a case against them will eat lots of time and money. So we tried that things will move based on mutual consent but now they are refusing to make any such kind of signature. They are very well aware that they have agreed in a notary documents too.
I came to know about Annexure – K. I am not sure if it may help me or not. This is to be sworn before First Class Judicial Magistrate on non Judicial stamp paper. While making this document, do I have to produce any filed petition? or what are the documents which will be demanded by the Judicial Magistrate in this case.
Kindly suggest any other alternative is possible.
Thanks a lot
Devajyoti Barman
(Expert) 24 December 2013
Without decree of divorce you can not remove your spouse's name.
Rajendra K Goyal
(Expert) 24 December 2013
If the husband is not agree for MCD decree now, You may proceed for regular decree of divorce.
Form K does not seem to serve the purpose for removal of Husband name. Divorce decree is needed.
Jay
(Querist) 24 December 2013
My ex spouse (Wife) doesnt ready for MCD. I have notary document where she agreed to make a signature. If i file a pitition then is my notary document helpful to me?
T. Kalaiselvan, Advocate 
(Expert) 24 December 2013
Affidavit to be sworn before First Class Judicial Magistrate or Executive Magistrate
on non - Judicial stamp paper for re - issue of passport, which was obtained prior to marriage, by married applicants who are unable to provide the prescribed marriage certificate or joint affidavit with spouse due to marital discord, separation or without formal divorce decree by the Court or due to total desertion by the spouse.
The above is the heading of annexure K used for reissue of passport, as per the contents of the same, it can be construed that even separation without a formal divorce decree by the court of law is allowed based on the affidavit before the JMFC with his counter signature at the bottom of the said affidavit.
Jay
(Querist) 25 December 2013
Thanks alot...i havent filed any pitition to get divorce decree...means my divorce case is not going on...in such case.FCJM will be ready to sign in annexure K ??
T. Kalaiselvan, Advocate
(Expert) 26 December 2013
This affidavit needs to be counter signed by JMFC, so they can very well sign it.
