rohini (self) 05 May 2014

Passport for minor child of divorcee

Hi,

I am legally separated (divorced) from my husband since last two years. We are no longer in touch. Not sure if this is the correct forum.

I wish to apply for a passport for my 3 year old minor child without asking him.

Here are a few questions I have.

1) As per our divorce decree. I have sole custody. He has not taken visitation rights also.

2) He has given in writing as a part of divorce that he has no objection to my child’s traveling abroad.

Do I still need his consent for filling the application/ getting a passport?

If I apply for passport and get it, can he now file an objection to my child’s traveling abroad? Will it be needed to get separate consent letter from him or will his presence be needed for anything?

Thanks,

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2 Replies

Tajobsindia (Senior Partner ) 05 May 2014

@ Author,

For your first question use Annexure G to seek minor’s Passport without intervention of natural father.

For your second question and consluding paras, before traveling overseas with minor read and understand State's laws where minor is being taken by you and then act accordingly. Different State (i.e. overseas country) have specific laws relating to minor children of legal divorced natural custodian guardian which ought to be followed and generic reply should not be given.

T. Kalaiselvan, Advocate (Advocate) 08 May 2014

@Rohini: Along with the passport application, you may attach an affidavit which is Annexure "C" and the format can be either downloaded or can be had along with the passport application, fill it up properly as per the requirements, submit it, your problem can be solved.