Passport re-issue while the divorce case pending
Gaurav Kumar
(Querist) 21 August 2014
This query is : Resolved
Respected Experts,
I applied for the re-issue/renewal of my passport and submitted the form too, where I mentioned my Marital status - Separated (My divorce case is pending and my wife and me are living separate). As per the process I have submitted Annexure-K too at the Passport office, attested by the first class judicial magistrate.
Now the APO is asking me to get Permission, in written form, from the Hon'ble judge of family court, on whose bench my case is pending, which seems to be highly impossible.
My question here is: if it is legitimate to ask for this sort of letter? If so is there a provision or procedure for it and if not then how should I deal this situation?
Thanks in advance for your valuable advice.
Devajyoti Barman
(Expert) 21 August 2014
Unless any criminal case is pending no need for any permission.
Gaurav Kumar
(Querist) 21 August 2014
Thank you. So, if in this case of non-provision of the above mentioned letter is there a chance of rejection of the re-issue of passport by the APO (Assistant Passport officer or Passport officer)? And in case of rejection what should be my course of action/defense.
Thanks in advance
Devajyoti Barman
(Expert) 22 August 2014
IF IT SI REJECTED BY APO OR RPO YOU CAN FILE wRIT PETITION IN THE HIGH COURT CHALLENGING THE ORDER OF ISSUANCE OF PASSPORT.
malipeddi jaggarao
(Expert) 22 August 2014
First of why did you invite troubles for yourself by writing "separated". What do you mean by this? Until the divorce is granted you are not separated though you are living separately. That is the reason why APO is insisting all these documents.
Ask the APO whether he is willing to allow correction in the application. If he allows better change your reply instead of "separated" to "married".
Rajendra K Goyal
(Expert) 22 August 2014
You can file writ in High court against the rejection of passport.
Gaurav Kumar
(Querist) 22 August 2014
Thanks for your valuable suggestions and boosting confidence. I am ready to challenge unless APO finds an alternate way to solve this amicably.
Rajendra K Goyal
(Expert) 22 August 2014
You can file writ in High court against the rejection of passport.
Raj Kumar Makkad
(Expert) 22 August 2014
I do endorse the advice of expert Rajender G Goyal.
T. Kalaiselvan, Advocate 
(Expert) 26 August 2014
The annexure K of the passport application duly attested by the competent person should suffice the requirement in this regard, but since the APO has asked for it, you can make a representation in writing to the RPO narrating the entire issue, even if he is not convinced and insists what his junior summoned, you may choose an action as advised by experts here.
M V Gupta
(Expert) 27 August 2014
Meet the APO in person with ur representation and try to get the requirement waived. If the APO is not agreeable approach the RPO with written appeal. If u fail then only u should consider filing WP. the above steps are necessary before filling the WP, otherwise the petition may be rejected for not exhausting all available remedies.
