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swarna (sss)     27 August 2014

Passport for minor

Hello ,
 Im  swarna  from karnataka . Hope u can spare some time for clarifying some doubts on some legal points.
 case in short-
I was married on  2012 & i have a 1  yr  baby girl.  My husband is an alcoholic, & due to his  torture & alcoholic behaviour has led to breakdown of my marraige. He had made several demands for my property to be transferred to his name or flat worth 1 crore, my gold ornaments, when i failed to fulfill his wishes he started torturing me & my baby too. We were living separetly after he deserted us in my mothers house since  2013. I had not filed any case against him but recently he has filed 2  cases against me
1) restitution of conjugal rights
2) custody of child.
My husband's sole intention is to harass & torture me. He doesnt have any interest in the child.
i have filed counter to these cases & also divorce & permanent alimony, also will not give custody to him.
 Before he filed these cases i had tried to get passport of my baby , so that i can go abroad & study & work. before the passport authorities i had produced annexure G, annexure -C , from judicial magistrate but they did not accept this  as they demanded that my husband should come to the passport office & sign there.
My main wish is to go away from india from all this mess so that I can live peacefully with my daughter.
Knowing my husband he will not give a single penny to us & also he could tolerate my going abroad with the child, not that he cares he cannot accept anything good  happening to us.  Now my question to you is.
1) if i get a divorce by mutual consent will it be possible to make sure my husband does not get ant visitation right or any right on the child throughout our lifetime so that i can get my baby's passport n go abroad without any legal hassles. as they say father is natural guardian is it possible to waive off his rights completely if he agrees to it??
2) If i get custody of the child after divorce will that alone suffice to get passport of my child. wat other documents should i produce?
3) should i get a no objection certificate  from him saying he does not mind my child travelling abroad??
4) have u handled any such case or  do u have  any knowlegde of such cases being on trial?
5) Even if he agrees initially in writing can he prevent me & my child from staying abroad in future as in can he put any case or deport our passport etc saying he changed his mind??
6) can we make such demands? will it be considered valid?
if u could clear my doubts it wud be very helpful


 2 Replies

dineshp83 - Legal Fighter. (manager)     27 August 2014

Please find the below information available on website

In case of minor's passport, whose father is abroad, is it mandatory to obtain father's consent to apply for the child's passport? If so, what is the procedure?
A: If parent(s) of the minor holds a valid passport, then attested photocopy of passport needs to be submitted along with the application form. Spouse name should be endorsed on the parent's passport. If parent(s) hold a valid passport, but spouse name is not endorsed, then they must get the spouse name added in their passport. For this, they have to apply for re-issue of passport and get the specified change done in personal particulars.

Now rest of the question can be answered only after knowing and what grounds you keep all these demands to court if you suceed in proving that he is complete drunker then your chances will be high.

As you have a girl then mostly custody will be granted to you as child age is very less.

As per the information provided by you right now i can answer only this much.

Tajobsindia (Senior Partner )     27 August 2014

1. He cannot file appearance before RPO because he is seeking custody claim of minor.

2. You may go overseas only if minor has a Passport and Consent of natural guardian (father's) is given for Visa purposes as are requirement of many Countries now-a-days. Before going you may give PoA to known person and come only when Evidences are required.  

3. When parties approach Court under Mutual Consent Divorce they among themselves settle issues first whereas brief suggests that visitation - custody issue is not settling among parties currently, so you have to talk to him to give his consent on minor's Passport followed by Consent for Visa followed by Consent for Adoption if any which I see highly unlikely from the presented brief. 

4. If Court grants custody to you then yes RPO will not have any issue in granting Passport for the minor provided Certified Copy of the Judgment along with Decree Sheet is annexed along with Form.

5. No Objection Certificate for minor is not valid document with many Countries. Only Court Order is Valid. 

6. Many Advocates in the Forum have experience in handling asked issues for parties. Contact them and do due diligence or find one from reference.

7. Advice: You have two Civil options available and they are;

Option 1: Spend time (years) sightseeing various Courts along with meeting litigation expenses till Court Order(s) as envisaged in your brief are in your favor to achieve long term peace.

Option 2:
Sit with your husband and pay him lump sum alimony and once or twice a year visitation of minor and seek your freedom via MCD route along with custody of child to achieve long term peace.

Pick one from above advice which serves your best long term interest.      

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