Court Order / Declaratory Order
Ajai
(Querist) 21 February 2011
This query is : Open
Hi,
I am writing in behalf of my father-in-law and mother-in-law who are in Sangli, Maharashtra (Their age is of late 50's)
They have applied for a passport, and they had given a few documents as proof of identity / name / birth.
After a few weeks, when checking on the status of the passport through online, it was written that both of them should go to the passsport office in person, as there seems to be a problem with the date of birth.
When they went to the passport office, it was pointed out to them that the date of birth in the tenth standard certificate and in the PAN card do not match. At the time of school education, the date of birth was put as a random basis and not specific as how it is being done of recent. This is understood. But, although they tried to convince the passport officer that the date of brith in the X std certficate is wrong, the passport officer was not convinced and he said that a court order is required and then only he can go ahead with the passport application. They dont have a birth certificate as they never thought it was important to take one. They were born in a village in Kerala, and going back there to get the birth certificate or rectify the Xstd certifcate will take a duration of atleast 6 months to a year or maybe more. They want this passpor to visit their only daughter who is in U.K. and she is now preganant.
When enquired with a lawyer, he said that the step would be 1) To file a case against the passport officer who was incharge of the passport application form. 2) To then issue a court order.
Knowing on the drawbacks of filing a case and delay, I am not sure if this is the right approach. I would really appreciate if someone could guide me on whether this is the right method or do we need to only request for a court order (declaratory order).
I would also appreciate if someone can guide me on what are the documents required to get the court order? How much time will it take to get the court order (if you can give me a break up of the tiimings, that would be well appreciated).
Please do consider the urgency of the request, and I would appreciate if someone with adequate knowledge / experience can reply back so we can go ahead in the right direction. Only after they get the passport, will they be able to apply for a visa, which will again take its own time and then they can come and see their daughter during her labor time, and the moment when they will become grand parents.
Thanks
Ajai
