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Abdul Basit (Self)     12 February 2013

Dob change in passport

I have a query regarding the change of date of birth (DOB) in my wife's passport. The brief details are mentioned below:

1. My wife was born on 15-10-1986. Her School certificates (Xth & XIIth), Graduation Degree and PAN card mention the correct DOB which is 15-10-1986.The birth certificate provided by the MCD is a hand written one (as this was the norm during those days) which also mentions the DOB as 15-10-1986. I'm not sure of its credibility.

2. Her parents had issued her passport at a young age and since then her passport mentions the DOB as 15-06-1986, which is incorrect. How the incorrect DOB was mentioned in the passport is not known. Her parents did find out the mistake in the DOB but no action was taken at that stage. Since the first issue of the passport, her passport has been re-issued 2 times (all the passports issued mention the incorrect DOB) and the latest passport also mentions the incorrect DOB.

3. Now, after marriage I wanted to add the Spouse name as well as change the address in her passport. Along with all these changes, I also wanted to change the DOB.

4. I was informed by some agents that a case of DOB change is a long and a tiring process and an order from a magistrate is required.

5. While browsing through the lawyersclubindia site, I came across a reference of a Circular dated 18.4.2001 issued by the GOI in the MEA pursuant to the judgment of the High Court of Judicature at Bombay in Civil Writ petition No. 1072 of 2000, wherein, it is mentioned that for some cases there is no requirement of any declaratory order. (I dont have the copy of that circular).

Now under these circumstances, I'm thinking to directly approach the Passport office for the changes and wait till they have any objection to be made. Or is it required that i go for a writ petition?? If yes, please guide me for the same and provide me the best way out. Would be grateful to all of you!!



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