Rahul Sharma (NA) 22 August 2012

Urgent help required

I am in the process of my divorce and my case has been filed in the court about a year ago, however I have been separated from my wife for over 3 years now. After a long and cruel marriage, I finally was separated however, my wife is now harassing me and not willing to give me a divorce. After my separation I have been in a relationship with a foreigner and we have decided to have a baby. We will not be living in India as I am getting posted abroad in my job. However due to circumstances we have decided that the baby will be born in India. When I found out about getting the babies Indian passport various people have told me that since I am not divorced and my wife’s name is still in my passport the passport authorities will not issue my baby a passport. I have been trying to get help on this however I am not able to get a exact answer from any government agency and people have told me that since this baby is out of wedlock the government will not process the passport. I will be deeply grateful for any help and advice on this as I am very worried about this situation.

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4 Replies

Adv. Nikhil Seth (legal consultant (9867264707)) 22 August 2012

At the foremost get your divorce granted that is important for you , othewise all things will stand illegal for you.Once you get divorced things will be easy for you . Until and unless you dont get divorce nothing will be legal in eyes of laws and you will face difficulty.

Rahul Sharma (NA) 22 August 2012

Thank you for your reply. I am aware that the easiest way for me to get out of this situation is to get a divorce and believe me i am trying my best but my wife is harrassing me. However the circumstances are taking over and now I cant wait beyond a point to join my new postion abroad that my company has offered to me and I cant leave without my partner and my new baby so I am stuck in this situation.

I would deeply appreciate some specific advice or guidance. As you can see my situation is very serious and will effect my livelyhood one way or the other. So any help will be deeply appreciated.

rahul (director) 22 August 2012

I think baby should be born at foreigner's home country. then after getting bady's passport there./. you can move any where in the world as de-facto with your lady.

BTW, from which country is your lady? why not you delivery the baby at her country.

Rahul Sharma (NA) 22 August 2012

Thanks for your reply.

Can someone advise if it is true that I wont be able to get a Indian passport for the baby under my circumstances? If that is the case is there any way around that?