dhruv (other) 18 May 2013

Can i prevent wife to make new/duplicate passports of 2 sons

How can I prevent my wife to make new/duplicate passports and move my children out of India without

my consent? They have valid VISAs for an European country (Nordic).

I have their passports. Younger son is 3 years and older son is 8 years old.

She has not yet filed for divorce or FIR about fake DV/cruelty charges and its been 2 weeks since

she left my house. While leaving she and her parents came and started screaming about 11 years of

complaints from their side while my mother went into shock and subsequent coma. She was already

suffering from cancer. My father was too feeble to say anything while my visiting sister just

watched them screaming in shock.

They took away my children as well to their own place about 15 km from my/parents home.

My problem is that if she leaves then I can be stuck here without my wife and children and be

grappling with the policemen about fake charges levelled against me. I will neither be divorced nor

be in a proper marriage.

She has been earlier emotionally abusing me, the verbally abusing me and now in the last 2 months

especially physically abusing me in front of my children. All this has lasted 9-10 years of my 11

years marriage.

For the sake of my children I want to work and make the marriage successful. However wife's parents

always interfere and further instigate her to fight with me. They plant thoughts in her head.

I have audio proofs of their interference and instigations against me and our married life.

Wife and kids are now in my wife's parents home about 20 km from here. In 2 weeks her father has

allowed me to meet only once with my children and wife. He does not handover the phone to them.

So 2 questions:

1) how do I prevent her to make new/duplicate passports for herself and my kids?

2)What should be my strategy if they resort to fake DV/cruelty charges?

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2 Replies

Tajobsindia (Senior Partner ) 18 May 2013

Originally posted by : dhruv
	So 2 questions: 1) how do I prevent her to make new/duplicate passports for herself and my kids? 2) What should be my strategy if they resort to fake DV/cruelty charges?

For your que. 1:

All she needs are four mandatory documents for minor's passport;

- Proof of present address as per list of acceptable documents,

- Proof of date of birth as per list of acceptable documents,

- a declaration affirming the particulars furnished in the application about the minor as per Annexure 'H', and

- Affidavit for a Passport of a Minor Child by either parent (who are separated but not formally divorced) (Annexure ‘C).

For her passport all she needs is (in case she is born after 26-01-1989) and assuming she comes under Non-ECNR category following three documents;

- Proof of present address as per list of acceptable documents

- Proof of Date of birth as per list of acceptable documents

- Documentary proof for any one of the Non-ECR (previously ECNR) categories as per list of acceptable documents required for Non-ECR

1. Both are her Constitutional Rights and cannot be summarily denied by Court of Law unless proven convict that also in such cases it is temporarly suspension based and never pmt. suspension based ever.

2. Restraining application can be tried to restrain her not to apply for herself and/or minors passport in a Civil Court under civil laws but experience says they miserably fail for minors reference in reference to context brief raised issues when it is observed no sub-judice claim from natural father pending in any Court of Law except some Nordic countries Visa stamp (which can be transferred to new passport in case old passport of minors is about to expire which is not a hurdle for parent to apply for in any way).

Colly. note in reference:- Duplicate passport(s) are never issued, instead temporary travel permits are issued to travel as per Rules well laid in India Passport Act.

For your que. 2:

1. Before applying any strategy you need to do several in-private Chamber consultations with an Advocate whom one can find via reference or search for one in LCI Lawyers databse and by giving instructions to hired pleader apply self understood strategies.

2. For strategies - ideas suggested to read (self help) and make notes from last 100 family law + criminal family law + civil family Law forums discussions they are self explanatory in reference.