He's not trying to allow you to go INDIRECTLY. So you go indirectly .Tit for TAT. Get a passport in Canada after getting married for day to a guy after giving his fees.[in an under world marriage register]. Or follow The Day of the Jackal and get married to a dead guy and get a phony marriage certificate. Then enter USA directly without hassels of Border Patrol and jump into lake Superior and swim down to Illinois. A CANADIAN passport is valid in USA. If he's jealous, too bad you are jealous of his jealousy. Since you are both in a hurry to get rid of each other why bother his jealousy and why is he not allowing you to go to Texas[INDIRECT]. When everything is indirect, act indirect. It'll be better to torture him indirectly[of course]. You don't need his consent as the child is a minor. Or if a consent form has to to be signed in India[or wherever you are], then get it signed by thsomeone on behalf of the dead guy. In India it would be easy and welcome as we are all cut throarts and delight in our nefarious activities.

NOTE: THIS IS NOT AN ADVISE BUT A SUGGESTION OF SHAPE OF THINGS TO COME.

Dear,Ankita

This info i found which is useful and gives proper guidance to you.Do you have joint legal custody ?

Do non-custodial parents need to provide passport consent? There are specific rules for issuing passports to children of divorced parents.

According to the US Department of State, both parents must provide consent authorizing passport issuance for a minor under age 16.  Effective February 1, 2008, Public Law 106-113, Section 236 requires that U.S. passport applications for children under the age of 16 require both parents' or legal guardians' consent. Read additional information on the Two-Parent Consent Requirement.

Just go to this link and you find your solution

https://www.travel.state.gov/passport/get/minors/minors_834.html

One Parent MUST:

• Appear in person with the minor
• Sign Form DS-11 in front of an Acceptance Agent
• Submit the second parents' notarized Statement of Consent (Form DS-3053)

One Parent
(with sole legal custody)
MUST:

• Appear in person with the minor
• Sign Form DS-11 in front of an Acceptance Agent
• Submit primary evidence of sole authority to apply for the child with one of the following:

·          

• Minor's certified U.S. or foreign birth certificate listing only the applying parent
• Consular Report of Birth Abroad (Form FS-240) or Certification of Birth Abroad (Form DS-1350) listing only the applying parent
• Court order granting sole custody to the applying parent (unless child's travel is restricted by that order)
• Adoption decree (if applying parents is sole adopting parent)
• Court order specifically permitting applying parent's or guardian's travel with the child
• Judicial declaration of incompetence of non-applying parent
• Death certificate of non-applying parent

NOTE: If none of the above documentation is available, the applying parent must submit Form DS-3053 stating why the non-applying parent/guardian's consent cannot be obtained

Downloading form

 For Statement of Consent: Issuance of a Passport to a Minor Under Age 16: DS 3053

Just go to the link   https://travel.state.gov/passport/forms/ds3053/ds3053_846.html

Another link https://www.womansdivorce.com/passport-consent.html

Your 1 yr kid a US citizen. You and your kid are in India. And you have to apply for a US passport?

How did you enter India then?

Tell us the truth....................................

Is it that......................................

After comming to India, probably..................... before alienating from your husband, you fergot to take your baby's passport also from him.

Now you want to apply for passport for baby.

But whether it is a new or duplicate passport of minors, both parents signature is required.

@ Kushan,

Yes the non custodial parent too needs to sign  the consent form. I can bypass this only if I have sole custody and he has no access or he voluntarily denies access. I have talked to US emabassy in mumbai and they keep singing the same sole custody song.

Even if I file case for this sole custody it will take lot of time and its not easy to win such cases in india. And my husband plans to waste all my time which he is enjoying to fullest.

Please help.

@Jamai of law

My baby had his US passport but my husband had all plans before  coming to india. He took away all my degree certificates, my passport my baby's passport his ssn card his indian visa his birth certificate and has probably destroyed it. He wanted to trap  us here and bear all his atrocities.

Now I need his sign on consent form to get baby's new passport but as expected he is not coporating. My lawyers are suggesting to file all types of cases on him including 498A but i don't want to do all this. I want to live and let him live too. I tried to offer him some money to sign but no use.

Could you suggest something?

Please Allow me to say that................................... I have developed an impartial eyesight to look at every event without getting emotional and not get perturbed by emotional drama (which swings between 'a genuine victim' and 'one playing a victim') unless both sides are heard entirely.

All  I can advice you is not to file 498a, unless it genuinely falls in the ambit of 498a, It will certainly complicate the matter otherwise.

You are saying "I am in India right now waiting to get divorced. My husband and I want a mutual divorce so that we don't waste time and energy."

You are also saying "I am getting good job offers in Texas since I am a Physical Therapist and want to work in US."

I believe, MCD 1st motion is filed. But What wud happen to 2nd motion MCD? if you travel to US

Get the MCD thru first if you are hit the wall.

Arrange all your certificates.

At least you can utilise your time into all this.

I know a exactly similar case!!! Except both souses are in IT!!!

I did not understand MCD.

We have filed mutual petition for divirce as we are unable to adjust with each other. But since I took step to get divorced it hurt his EGO. He knows I am serious about my career and have good future in USA. His parents fall under 498A.

I have my all documents ready. All I need is my baby's passport to fly. I will come back in March ( if I get chance to fly to US) to get divorced.

Please suggest how can I make him sign my bbay's consent form?

MCD is mutual consent divorce.

If marriage registered under Hindu marriage act then section13B, else if registered under Sp Marrriage act then section 28

Dear Ankita,

As you said you applied for MCD.   but is it only his ego stopping him to sign the baby's consent form?  may be there is another reason, i think forcefully you can not make him sign.  So evaluate the other possibilities, why he is not giving the consent.  I understand there is 498a  on his family, is that quashed or still the proceedings are going on.  If its not quashed, it may be other reason, he is troubling you.  So you are the right person to judge what exactly he is targeting. If both of you agreed for mutually for divorce with out any conditions.. then i feel it should go well.  So find out, whats wrong with him and try to get it solved amicably as both of you have valuable life.  otherwise its waste of time and money..!!

Actually once I get divorced I won't be able to threaten him for alimony and this the reason his parents are hurrying to get divorced. he has also left his job and now saying that I am unemployed. I was thinking of threatening him over money as for them money is GOD.

My mutual petition says that mother can take child abroad and father wont interfere with this. Also, it sya that custody of child will remain with mother and father has access to child.

Do you think that if I get its registered copy to embassy it will help me proving sole custody of child.

@ chanakyam,

he plans to stay in India since he lost his job in USA. before his job loss we had planned to get divorced.

Now he lost his job abd his ego cant see my growth. I tried talking to him but nothing worked. I have till now have not used any charges against him or his family. They are so safe that they dont even know what wives have done to their husbands. I am too good to him as I know if he is convicted it will affect his career in US .

Ego is a ground for Divorce? Complicated eh! When you've both decided to get rid of each other , why these hassels of he being jealous and you being all powerful and not jobless. I smell something.

Weren't you Neelam earlier or am I getting too old with one foot in the grave?

Dear Ankita, 

As he is jobless now,  I think you cant be awarded anything as maintenance, even if you file maintenance case.  In retrun he can file maintenance from you as he is unemployed.   So better dont think in those lines threatening him in terms of money factor.  It may back fire you and your problem becomes complex.  As he is also a professional , i dont think he is doing something deliberately.  Might be some other reasons why he is doing that, better you analyse the root cause and act upon it accordingly.  If you feel, he is doing it without anything  from your side, then he is mentally retarded and you cant help it.  But i dont think it is the case.