Passport for minor

swathy (Querist) 20 November 2013 This query is : Resolved
I am a doctor by profession aged 26 years.I got married in May 2012 to an IT professional.Since marriage he has been harassing me after getting drunk and violently abusing me verbally even during my pregnancy period.I was not allowed to work or visit my mothers house. Even for delivery he did not send me home in this same city.After my delivery he started ill treating my new born baby by shouting at her. After one month I argued and came home. Again after 2 months i went to my husbands house. For one week he was all right but afterwards he left me in my mothers house while going on official tour.Then after 3 days he came fully drunk and shouted at me and the baby in my mothers house. After 2 days he came again and shouted in filthy language and threatend divorce and told he does not want me or the child. He threatenened that I should not enter his house again. I was not given any financial support for me or my child after my delivery for the childs maintenance.He has come so many times before drunk and shouted at my mother and abused her verbally. Now his main demand is that my mother should give money to him for buying a flat of one crore. His parents also come from kerala every month for 20 days and support his drinking and illtreating me. He even told me that I have to prove that the baby is his own. I became pregnant one month after marriage. I was working before marriage in a hospital in bangalore. I dont want to go for divorce since my baby is 6 months old and I am giving him time to change his ways. by going for de addiction and by stopping violent behaviour & abuse after drinking alcohol. He is a alcoholic and will coontinuously drink for 3 days. Now my problem is that I have got an offer for higher studies from Germany with stipend to maintain myself and baby.I applied for a passport for my baby.I got my passport reissued since the earlier one was issued when i was 14 years old. I got my spouse name added in the passport with marriage certificate. As per the passport guide lines I have to produce Annexure G as single parent applying for passport for minor child.I submitted Annexure G & Annexure C as per Passport office direction.In annexure C I have given affidavit as deserted by my husband as that is the fact. He is not contacting me since 7 months nor supporting me financially.He was disappointed since it was a girl child and also when after delivery doctor told that the baby is having some heart problem. I am not having any income to go for legal case against my husband nor I am having any intention to go for divorce. My main problem is now to support my baby and myself after getting a good job by going for higher education. I dont want to depend on my parents for my expenses. I have submitted Annexure G thrice to the passport office signed by judicial magistrate after convincing him about the facts of my case.The passport office people asked me to submit the same after giving the reasons for not getting the consent of my husband in Annexure H form for issue of passport to our minor child. I gave reasons as my husband is not giving consent because he does not want me to go for higher studies and that he is nor supporting me fiancially after some difference of opinion and i have to support my baby and since I have an offer for residency from germany with stipend being paid to me I need my passport for my baby since the baby is small and feeding baby and I cant leave her behind.I need money to support my expenses and for the babys medical expenses. The third Affidavit in Annexure G was not accepted by passport people saying that it is not valid reason. They have not kept this in file and returned to me saying that my husband has to come and sign in passport office. How can I get my abusive husband to sign papers for me. If he comes to know that I am studying and working he will kill me and the baby. He has income of about 2.5 lakhs per month but he will not give anything. Is there no way that I can get my passport for the baby. This was my last chance to support my baby but that is also gone. I was not allowed to see RPO In bangalore by the office people. I wanted to put my grievances before him. Laws are to make problem for genuine suffering people like me or to save them I doubt. Just because my husband is a bad man I have every right to bring up my baby with a decent income.This is kind of punishment to me and the baby that we cant live in India. Even if your husband is abusive you have to tolerate him for society sake and social stigma sake. What mistake have I done. Is not my fundamental right to study and become financially independent with a respectable livelyhood. why only the woman should suffer. The passport people are telling that I am not divorced or legally separated so they cant give passport to my baby. Are they forcing me to take divorce. Another point they have pointed out is that I have mentioned my husband's name in marriage certificate and birth certificate of my baby. My baby is not a illgitimate baby then why I shouldnot mention her Fathers name? I need legal advice as to what I should do. It is only 10 days since i have got denial from passport office. They have not given me any thing in writing refusing passport for my baby. Somebody please help me. I dont know any legal points. I read one case of Delhi High court where somewhat similar case was dealt. This is the question of my life and my babys existence. I am in a miserable position. If i get a job in india it wont be enough with my qualification for the expenses of both of us since doctors are paid poorly hardly 15000. Do guide me please.
A grieved mother

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T. Kalaiselvan, Advocate (Expert) 21 November 2013
Produce an affidavit stating that your are living separately away from husband ever since he deserted/threw you out of his house and now he is refusing to give his consent to your son's passport but being minor and to be under custody you are compelled to take your infant son with you to abroad, hope this notarized affidavit may be of some help to you or you may have to go as per law.