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Passport for minor son

(Querist) 07 July 2013 This query is : Resolved 
A married woman (who has a valid passport) living with her minor son desires to make a passport for him. But signature of both parents are required in the application. The father is abroad and is most unlikely to cooperate who left the girl and the child in India (Of course as of now no attempt has been made to request him to sign). Can an expert suggest remedy without creating any ripples in the marriage? All that the lady requires is a passport for the minor son. She will be grateful if a suitable remedy is suggested.
Devajyoti Barman (Expert) 07 July 2013
There must be a place for declaration if the parent is separated.
Raj Kumar Makkad (Expert) 07 July 2013
The mother of minor child is required to produce the certified copy of the court proceeding which may establish that both have no talking terms and further that the father of the minor has refused to sign the application. The refusal is also must to be obtained.
Rajendra K Goyal (Expert) 08 July 2013
Concerned para is as under:

When applying for a minor’s passport attach:

(a) A Declaration affirming the particulars furnished in the application about the minor child as per ‘Annexure-H (signed by both parents), Annexure “C” (Single parents who are separated but not formally divorced/Single parent of the child born out of wedlock), Annexure “G” (when passport is being applied for by single parent or legal guardian) . Annexure “I” (when a minor between 15-18 years of age applies for a full validity 10 year passport OR in case either parents who do not hold valid Indian passport while applying passport for their minor child), as the case may be.
natarajan nr (Querist) 08 July 2013
Inadvertently the message got repeated. Regrets.
natarajan nr (Querist) 08 July 2013
Thanks experts! The annexure referred to by Mr. Goyal involves declaration/affidavit to be given by the lady to the effect that she will take responsibility if any legal complication arise in future to be signed in front of Executive Magistrate. But none of the magistrates are willing to sign for reasons best known to them. Hence the impasse. Under the cicumstances an effort may have to be made to request the father to sign which is unlikely since no reply is expected from him. Anyways thanks Mr. Makkad, Mr. Barman and Mr. Goyal for the valuable guidance. (The lady has a job in hand abroad but can not leave the son alone here. I still look forward to an easy solution.)
Advocate Ramesh (Expert) 09 July 2013
Even you can get declaration/affidavit in front of Notary Public or Commissioner of OATH.
Raj Kumar Makkad (Expert) 10 July 2013
If the affidavit is duly verified by the lawyer under his signature then none of the executive magistrate refuse to attest it so better try again.

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