Passport
Rekha.....
(Querist) 03 July 2009
This query is : Resolved
Dear Sir/Ma’am
Our clients got married and registered their marriage in 2004 and also obtained passport from the concerned authority in the same year i.e 2004. They separated legally by filling divorce petition u/s. 13B of HMAct and order passed in 2006. Again they got married in this year bt till they hv not registered their marriage.
My question is whether they can get visa form their old passport or they should apply for a new and fresh passport
Thanks in advance
Kiran Kumar
(Expert) 03 July 2009
yes they can get the same.
u need not to disclose the subsequent events which r against u.
the previous record of marriage certificate, must be intact till now or not?
A V Vishal
(Expert) 03 July 2009
Ms Rekha,
Legally, your client is required to obtain the marriage certificate, even though they re married after a divorce. However, since the spouse name is not deleted from the passports of each other they can still continue to apply for their visa based on their old passport. There is no requirement for a fresh passport.
SANJAY DIXIT
(Expert) 03 July 2009
Legally it is wrong ; practically Mr Kiran is right.
PALNITKAR V.V.
(Expert) 04 July 2009
Mr. Dixit is right. Technically, it is wrong to suppress the fact of divorce and second marriage.
Y V Vishweshwar Rao
(Expert) 04 July 2009
1- First marriage is dissolved by Consent Divorce Decree
2- Pass Port with First Marriage Certificate only
3- Second marriage to be registered
4- Pass Port to be corrected by the Pass Port Authorites on the basis of First Marriage Dissolution Decree and Second marriage Certificate !
5- Suppression of facts before VISA Authorities may lead to complications !
A V Vishal
(Expert) 04 July 2009
Dear Learned Members,
I have a doubt, legally the man separated from his wife and later married the same woman, then does it amount to supression of fact, had the person married someone else than the person he had divorced then he should reveal the fact else it is concealment. I may be wrong in thinking so, but simple reasoning is that the man and woman parted for a brief period of time. I would like to have the views of Learned Palnitkarji and other senior brethern on this forum.
My view is based on the particular sentence in the query "Again they got married in this year bt till they hv not registered their marriage." the usage of they suggests that the man and woman who divorced got remarried.
PALNITKAR V.V.
(Expert) 04 July 2009
I have deliberately and cautiously used word "Technically" in my reply. The parties should disclose the fact of divorce and remarriage, if there is space for that in the Visa forms.Let the Visa authorities decide whether to rely on the old passports or ask for the new. Grant of Visa is discretionary and a number of circumstances are taken into account while granting it. A woman may adopt her old name after divorce or get remarried with someone else, do some acts which disentitle her from getting Visa.Later she gets divorce from second husband also and remarries with first husband. If she suppresses the all those facts, she would be able to get Visa. But if she discloses fact of divorce etc the passport and Visa authorities get an opportunity to have enquiry before they issue Visa and may decline to grant visa. Now a days one can not blindly trust everyone. Criminals have become smarter. There are instances of getting divorce with ulterior motive and to get remarried once that motive is achieved. Why should they avoid to disclose the true facts?
Rekha.....
(Querist) 04 July 2009
Thank u very much to all for ur replies in time. n thank u Shri AV Vishal sir to raise this before most respected member of the Forum shri Palnitkarji and V got more clarification. thnks once again
