Removal of spouse name from passport

Guest (Querist) 28 September 2012 This query is : Resolved
I am an Indian residing in India. The whereabouts of my husband who is a foreigner is not known for over 26 years. How can I remove his name from my passport, and also go back to using my maiden name in my passport.

Would appreciate your advice in this regard. Thank you!

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Devajyoti Barman (Expert) 28 September 2012
You have t0 first get a declaration from the civil court about his civil death and thereafter only you could remove his name.

R.K Nanda (Expert) 28 September 2012
no more to add.

Rajeev Kumar (Expert) 28 September 2012
I endorse the view of Barman sir.

Raj Kumar Makkad (Expert) 30 September 2012
I do not agree with either of the experts.

If you are married even though the whereabouts of your husband are not known since last 26 years. You have become unable to trace him out but this fact do not make you unmarried. the name of your husband might have been used to show your name wife of so and so. There is no legal ground with you to get yourself declared maiden in passport in the given facts.

What is the harm if the name of your lost husband remains mentioned on your passport?

Guest (Expert) 30 September 2012
I am in full agreement with Shri Raj Kumar Makkad. Unless divorced, your status would remain as a married woman with the person you married once. So no scope of removal of husband's name from Passport.

Try to trace him and get divorce legally, if you want to remove his name.

Sudhir Kumar, Advocate (Expert) 30 September 2012
If whereabouts of a person are not know for the last 7 years then he is presumed dead.

Guest (Expert) 30 September 2012
Even if treated as dead, her status of wife/widow of the said person would not change.

Sudhir Kumar, Advocate (Expert) 01 October 2012
persopn unknown and unheard for 7 years is presumed as dead. he cannot be treated as having never existed or never married.

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