Removal of spouse name from passport as marriage did not occur
Guest
(Querist) 13 April 2012
This query is : Resolved
I was in love with a girl since 1993, and this was mutual
My relation was not supported by any of our families as the girl was my first cousin (Father's Elder brother's daughter)
We had planned to get married in february 2003 with or without our parents or families consent but the relation was not accepted by law under Hindu marriage act, We had informed our parents in 2003,they strictly opposed the marriage or the relation, being practical they discussed and said no law will allow this relation,
In 2003 January when my passport came up for renewal I had input my spouse's Name as her name, and it was accepted by the passport authorities as at that time and they had not asked for any any documents, i was sure that the marriage would occure some how, When my renewed passport was received by me, it came with the spouses name as her name.
Later My relations with our entire family got spoiled because i got involved in such a relation and my parents relation got spoilt in our whole family, the marriage never occured as nobody supported it and nor was it supported by law,
In 2007 the girl was married to another person now they have two childre as well. I am not sure weather her husband is aware of her past issue.. I never met or spoken to her after that.
My passport was due for expiry in January 2013, i put and application for renewal of passport with a request for removing the spouse name, I looked up the website and found annexure K, it did not have any points indicating how to remove the spouse name in my case, based on annexure K, i contacted a lawyer and filled an affidavit sworn in front of a judical magistrate indicating that i am single and the marriage had not occured as the relation was father's side blood relation and it was a mistake and if this information is found false, i would be punishable under sections of IPC, I put in a request to remove the spouse name along with the afffidavit.
The assistant passport officers are not accepting it saying that i am not saying the truth and i have to get a divorce decree, if any corrections had to be done it had to be done in 3 months, unfortunately I forgot the mentioning of the spouse name in the passport, it completely skipped my mind as i had never used my passport for any requirements,
My relatives or her parents do not entertain any of my requests for assistance due the incident. The marriage did not occur and it could not have occured even if myself or the girl wished how ever strongly.
I have been single and have moved on in life with work and home, i want the name to be removed from the passport, I tried for answers but I am not getting any on how to resolve this.
please help/advise
Deepak Nair
(Expert) 13 April 2012
First of all, you obtained passport by providng false information to the authority that you are married. Now the issue is in a fix. You need to convince the passport authority. Let your lawyer talk to the passport authority.
SAINATH DEVALLA
(Expert) 13 April 2012
Dear Querist,
Initially your lack of values to the hindu traditions has to be condemed.You have created your own problems with your irresponsible and unethical love towards your sister.How did you think it was acceptable under Hindu Marriage Act.You have to convince the passport authorities with valid documentry proofs to get it renewed.
Devajyoti Barman
(Expert) 13 April 2012
Any attempt to remove the name would likely to draw penal action.
Get ready for that.
V R SHROFF
(Expert) 13 April 2012
APPLY NEW PASSPORT ON SINGLE NAME.
Shashikant V. Patil
(Expert) 13 April 2012
You have made an offence of deceving to Govt. (Passport authority) by giving false information and the same is liable to punish you. Either you let the passport expire which is due to expire in 2012 and do not try to renew.
Guest
(Querist) 13 April 2012
Dear Sir's,
I thank you for the prompt reply,
I understand, the information provided now is false at that time
t was not my objective, I was pretty sure i will find a way to have the marriage occur when i input the name in the passport,
further to which I had checked all possible ways but we moved back with due respect to the law and the wishes of our parents and relatives and moved on in life.
At 42, I am still single and want to close this issue.., I wish to have a family now..
I respect our law, If the marriage had occured this would not have been an issue, unfortunately, i am in a fix now, I tried to convince the passport authorities,
As i mentioned i had submitted an affidavit sworn in front of a judicial magistrate accepting any penal action if my information is false,
My objective at that time was not to deceive the law or is it now, i just want to close the issue.
Even if the passport expires, i cannot take a second passport, with new information i have to renew the old one, nor can i have a new passport when i have an existing one, it will be deciving again..
It was a honest mistake, no documents were asked then in 2003 as it is now.
I had submitted the affidavit based on Annexure K of the passport act and as suggested by a lawyer, but it was of no help as of now..
Please review and guide,
prabhakar singh
(Expert) 14 April 2012
आप का मार्गदशन विद्जनो ने बिलकुल सही ढंग से किया है जिससे मै सहमत हूँ .
Shonee Kapoor
(Expert) 14 April 2012
I didnot see this query elsewhere and hence replying here
Affidavit is the only way you could do it. If the passport authorities are not accepting it, you would need to file a suit to declare such married null and void,
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 14 April 2012
I differ with experts, nullity could still be filed.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
