Passport for minor
Guest
(Querist) 05 June 2012
This query is : Resolved
Hi all ,
In followup to my earlier query :
http://www.lawyersclubindia.com/experts/Passport-and-visa-for-minor-308261.asp
i am living seperately from my husband for the past 4 years. we are yet to be divorsed.we are not in touch with each other.
i want to know if i can apply for passport for my child and take her abroad with me
should i take divorce from my husband before doing this ?
is there a way to come out of this , so that i can travel abroad for work purposes along with my child
Khaleel Ahmed Mohammed
(Expert) 05 June 2012
You can not apply for passport without the consent of your husband. Custody of child should be given to you by court.
Guest
(Querist) 05 June 2012
thank you sir. But my husband hasnt been in touch for the past 4 years. we are in the same city , yet he hasnt made any attempt to contact me or my daughter.
should i goto court to get the custody legally ? should i apply for divorce , so that get the custody legally
ajay sethi
(Expert) 05 June 2012
you can get passport without your husband consent . you have to make an affidavit mentioning why you dont want your husband name in your daughter passport ,
IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 5100/2010 ISHMAN ..... Petitioner Through: Mr. Tarun Goomber and Mr. Pankaj Mendiratta, Advocates. versus REGIONAL PASSPORT OFFICE AND ANR ..... Respondents Through: Mr. Ruchir Mishra, Advocate. CORAM: JUSTICE S.MURALIDHAR O R D E R 21.02.2011 1. By this petition, the Petitioner, a minor through her mother as natural gaurdian seeks a direction to the Respondents to issue a passport in her favour, without indicating the father?s name. 2. Clause 4(2) of the Instructions dated 5th October 2009 relied upon by the Respondents in the instant case applies only in the event of remarriage after divorce of the person who is making the application. That clause does not apply here because the Petitioner?s mother has not remarried after divorce. 3. Counsel for the Petitioner, however, states that the Petitioner?s mother is prepared to give an affidavit to the Passport Authority that she does not intend to remarry and that in the event she intends to, then she will inform the Passport Authority in advance. 4. The Respondents have themselves enclosed another set of instructions in a reference letter (Annexure R-2) issued on 21st April 1999. Clause 3.2(a) thereof reads as under: ?3.2 Child born out of wedlock or child having single parent (Reference letter No. V.I/402/2/1/97 dated 21.4.1999). a) Cases where: (i) the mother who is an Indian citizen, claims that the biological father had no contact with the mother or the child after the child?s birth; or where (ii) the child?s father is either unknown (for example a child born after a rape etc.) or (iii) has terminated the relationship with the mother after conception. In these cases, the PIA should obtain an affidavit from the mother to that effect sworn before a magistrate (Appendix 23). In these cases, the name of the father should be left blank and should not be entered in the passport without his written consent. As admission by a woman of the birth of a child out of wedlock invites social stigma, it may be presumed that rarely would she utter a lie in this regard. However, to safeguard against cases of abduction/ kidnapping, the PIA should insist on the affidavit of the mother being supported by a birth certificate from a hospital or the Registrar of Births and Deaths or a municipality.? 5. It is plain that as far as the present case is concerned, with the decree of mutual divorce having been passed by the competent civil court in 2007 itself, the case of the Petitioner would be covered under Clause 3.2(a) of the above instructions dated 21st April 1999. 6. The Petitioner?s mother should now produce before the Regional Passport Officer (`RPO?) an affidavit sworn by her before the Magistrate in terms of Clause 3.2(a) within a period of two weeks. The said affidavit will also incorporate the necessary assertion that the Petitioner?s mother will inform the RPO in the event she proposes to remarry. If such an affidavit is furnished, then the RPO will ensure that the name of the father in the passport of the Petitioner is left blank. The necessary correction in the passport be made within a further period of two weeks after the said affidavit is furnished. 7. The petition is disposed of with the above directions. 8. Order dasti to the counsel for the parties. S. MURALIDHAR, J FEBRUARY 21, 2011 akg W.P.(C) No. 5100/2010
ajay sethi
(Expert) 05 June 2012
you will have to make an application for custody of your child . the court will grant you custody but your husband will have visitation rights .
you will need court permission to take your daughter aborad
Guest
(Querist) 06 June 2012
that makes sense to me now. thank you.
Devajyoti Barman
(Expert) 06 June 2012
For taking the child to abroad one need not take any permission of the court unless there is any prior restraint order nor divorce.
The custodian parent of the child is her lawful guardian and is free to take the child to anywhere.
To apply for passport you can show your status as separated.
Guest
(Querist) 06 June 2012
@barman,
But i am not yet legally separated from my husband yet. just that we haven't been in contact for the past 4 years. can i show my status as separated while applying for passport ?
