Surya (Manager) 26 August 2014

Son's passport renewal - 498

Hi,

My son was born in US. After getting his US passport and PIO card, my wife came to India and never returned. I didn't get a chance to see my son from last 3 years. 498a trial in process. Wife filed divorce based on 498 grounds. Now my son's US passport is expiring and my wife filed a petition under section 151 c.p.c requesting the court to direct me to attend passport office personally or provide an affidavit for issuing extension to my son.

1. Can she file this petition as part of divorce petition which was already filed.

2. Wife's family not even allowing me to see my son and I want my son back to US. Can I deny to appear/support the extension process and request my son back to US with me.

Any suggestions are greatly appreciated.

Thanks!!

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2 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 26 August 2014

Can she file any such application: YES

Can court direct you?: NO

Regards,

Shonee Kapoor

www.shoneekapoor.com

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If you don't fight for what you want, don't cry for what you LOST.

Surya (Manager) 31 July 2015

In the lower court my wife's petition to direct me to support for child's US passport extension got dismissed. Now she moved to HC to direct me. I got the summons thru my lower court advocate. I requested 2 weeks for the counter and during that time my adovcate mentioned that HC doesnn't have jurisdiction on US passport matters. But the HC Judge said that the US consulate is in India and asked us to file the counter. Can indian HC has jusrisdition on US consulate matters? If any one aware of any judgements related to this, can you please share with me.

Thanks!!