Passport for minor child
Querist :
Anonymous
(Querist) 06 December 2024
This query is : Resolved
Hi,
I have contested for a divorce under cruelty grounds in 2021 and was granted divorce in June 2024. I have a 15 year old male child who is under my custody since the divorce process began...his father never asked for the child's custody and so there was no mention about the child in my divorce orders issued by the court... there's no contact between the father n child since 2020..
My child's passport has expired 5 years back (2019).. Now I need to apply for a re-issue of my child's minor passport..I was told that both the parents need to submit affidavits..if in case of divorce court orders need to be submitted..
My court order for divorce mentions that the marriage is dissolved and there's no mention about the child's custody being with me, the mother..
Now my question is if the passport officials need any additional documents that the child is under my custody and the father has no contact with the child.
Adding to the above, I did not claim any maintenance for my child or alimony since I have a job and can sustain on my own.
Kindly advice.
Thank you.
Querist :
Anonymous
(Querist) 06 December 2024
Adding to the above, I did not claim for any maintenance for my child or alimony since I have a job n can sustain on my own..
T. Kalaiselvan, Advocate
(Expert) 06 December 2024
You can give an affidavit stating that your child is under your care and custody ever since your divorce hence as a single mother you are applying for renewal of passport.
kavksatyanarayana
(Expert) 06 December 2024
Yes. With a copy of the divorce decree, you can submit an affidavit about your child being under your control for the renewal of passport.
Querist :
Anonymous
(Querist) 06 December 2024
Thank you so much for the replies Sirs..so you mean to say that just an affidavit will suffice, no need of court order that states that child custody is solely given to mother?? My divorce decree doesn't mention anything about the child custody..
T. Kalaiselvan, Advocate
(Expert) 07 December 2024
Single mothers are allowed to apply for child's passport without the other parent's consent as long as no case is pending about the child's custody.
In a major relief for single parents, and also separated couples or abandoned wives, the Ministry of External Affairs has made it easier for them to apply for a passport without the burden of providing additional paperwork. A passport applicant henceforth need to provide the name of only one parent and not both for getting a passport made.
Incidentally, several courts had also prior to that episode ruled that one parent’s name was sufficient for the purpose of getting a passport made. The Delhi high court had in May this year noted that a mother’s name was sufficient on a passport as long as she is a single parent.
The ministry has also brought down the total number of annexes prescribed in the Passport Rules, 1980, to nine from the present 15. Annexes A, C, D, E, J, and K have been removed and certain Annexes have been merged. Moreover, since the applicants used to face a lot of difficulty in getting these documents attested or sworn before “Notary/Executive Magistrate/First Class Judicial Magistrate”, the provision has been removed. From now on, “all the annexes that are required to be given by the applicants would be in the form of a self declaration on a plain paper.”
You may take an appointment with the authorities and get the issue solved on the basis of the latest amendments to the issuance of the passport.
Querist :
Anonymous
(Querist) 07 December 2024
Thank you so much sir 🙏🏻
P. Venu
(Expert) 12 December 2024
In this context, the relevant Rules could be accessed at https://passportindia.gov.in/AppOnlineProject/pdf/PressRelease_PassportRule.pdf
Querist :
Anonymous
(Querist) 14 December 2024
Thank you so much sir
