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Nishant Gurnani   04 February 2026

Giving back passport of daughter to wife

Hello, I have filed for contested divorce against my wife on grounds of mental cruelty. The wife is not willing in giving me divorce and is using my 4 yr daughter as a pawn to bring me back. She has filed a petition under section 151 crpc asking for passport of daughter which is currently with me. I have accepted it in writing that I have my daughter passport. Should I give it back to her? Or should I deposit it in court? Can I use the passport as leverage to my divorce and custody case?


 4 Replies

Dr. J C Vashista (Advocate )     05 February 2026

You are to decide it.

It is not a legal issue for consideration and obligation of experts on this platform.

kavksatyanarayana (subregistrar/supdt.(retired))     05 February 2026

It is your daughter's passport so you decide it.  However it is better to back it to her.

T. Kalaiselvan, Advocate (Advocate)     06 February 2026

Since she has filed a petition before court, you may wait for the court to dispose the petition in this regard and comply with court orders accordingly.

Real Soul.... (LEGAL)     09 February 2026

Since the child is only 4 years old, you are one of the natural guardians and can keep her passport in your custody. There is no obligation under law  to keep the passport with the wife unless it is for a specific purpose. Either the father or mother can be the custodian of the child's documents, including the passport.

If your daughter is not traveling and does not require the passport for any official work, there is no obligation or demand of law to return it, however normally either parent cant keep it.

If your wife requests the passport, you should inquire about the reason for her request before handing it over.

You should deposit in court and never handover her directly .


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