Process to get annexure 'k' for fresh passport by woman applicant who separated before 30 years
Ramarao
(Querist) 16 August 2014
This query is : Resolved
Good Evening Experts,
My mother applied for a fresh passport, she don't have marriage certificate.
My father & mother separated approximately 25 years back.
Passport authorities asked for Annexure 'K' or Divorce decree or marriage certificate.
We don't have any interaction with my Father last 25 years, we have proof of court decree documents which was awarded in maintenance case. There is nothing mentioned about divorce in that document.
Passport office asking for only Annexure 'K' from Judicial First Class magistrate or Divorce copy in absent of marriage certificate.
Now the problem is how to get the First Class magistrate approval, is it reqyired to to file any petition or directly can we approach the Judge with any local advocate with court decree(maintanance case) document.
Currently we are staying in Hyderabad, and the Maintenance Decree happens through LokAdalat in another district where we stayed long back (10 years back maintance decree done).
Can we obtain in hyderabad where currently we are staying or do we need to get the certificate from my native place court where decree has been passed.
Please advice me this process, as when i contacted few people, there told judge will not give consent for this type of cases, we have to go with Divorce approach. But this will take long time and money and unnecesary deprecion to my mother.
I searched in this site but not seeing the relevent query, hence posting this please.
Thanks,
Ramu
ajay sethi
(Expert) 17 August 2014
since your parents have separated for more than 25 years it is better you obtain a divorce decree . it is doubtful whether your father will contest the divorce case . or you can contact your father and obtain divorce by mutual consent . it wont take more than 6 months . since your mother is staying in hyderabad she can file for divorce in hyderabad .
Ramarao
(Querist) 17 August 2014
Thank you Sir,you are correct.
But not sure he will come for mutual consent or not, he already married to another woman and their children are also married.
I feel its very difficult to make him come and agree for Divorce only for our passport.
If mutual consent is not possible how many years it will take to obtain divorce, is it possible to take divorce after 25 years of separation.
Can't we obtain Annexure 'K' by showing all the court judgements of maintanance case related.
Please advice me, as i am very much confused. I am planning to go abroad and take my mother. But seems it would be very difficult for me now..
If my mother could not obtain passport i can't travel by leaving her here single.
Please help me is there any other process which helps me..
Thanks,
Ramu
Ramarao
(Querist) 17 August 2014
Please help me on this.
Devajyoti Barman
(Expert) 17 August 2014
If mutual divorce is not possible then filing a contested suit for divorce is only option.
The average life span of such suits are not less than 5 years.
Ramarao
(Querist) 17 August 2014
Hmm .... Then for 5 years my mother could not obtain Passport right? Is there any alternate process for getting passport legally.
Can we take help from Hon'ble High Court Direction for passport. Here we don't need divorce intentionally.
The primary cause is for only PASSPORT. Please help me, she is a heart patient. I would like to take her with me abroad,i could not leave her for another 5 years as single.
Please give a advice to obtain the passport.
Thanks,
Ramu
Devajyoti Barman
(Expert) 17 August 2014
If court gives NOC then passport will be issued. Apply to it asap.
Ramarao
(Querist) 17 August 2014
Thanks Sir,
Do we need to file any petition, can i contact any local lawyer for obtaining NOC for passport. What type of petition we have to file, could you please advice.
Thanks,
Ramu
T. Kalaiselvan, Advocate
(Expert) 17 August 2014
The referred affidavit in annexure K can be signed by an Executive magistrate too besides JMFC, hence you may approach a local Tahsildar or Sub-collector/PA to collector to get the affidavit countersigned, if you find it difficult to obtain signature of JMFC.
Ramarao
(Querist) 23 August 2014
sorry to say that, i verified with couple of Executive magistrates.. but no one willing to counter sign on this. I hope its only way to approach the JMFC. Can we directly approach court and ask or is there any process to obtain. Do we need to take High Court Direction to obtain the NOC/Annexure -K.
Please suggest thanks,
