Annexure K for Passport

The agreement is nullity (ZERO) in the eyes of law.

On the basis of such agreement you can not remove her name from passport.

It is advisable to consult a local prudent lawyer for better appreciation of facts/ document, professional guidance and necessary proceeding.

You need to get decree of divorce until that she is your wife,.

Ypu must get decree of divorce from propert court of law.  Without decree of divorce you cannot chnge name of wife from the Passport.  Please do not rely on such filthy written agreements, they have zero value.   Ypou wil land in big problem.   If your wife is not in touch with you,  You canfile contetsted Petition for divorce in Family Court, Mumbai if you stay in Mumbai and seek decree of divorce n get the thngs clear legally.  Do not takeit lightly

You can attach the annexure K to the re-issue of passport application form.

There is no necessity that you should have divorced your wife by a decree of divorce to remove your spouse name in the passport, this annexure K will take care of that issue.In fact the title of the annexure K reads thus:

ANNEXURE ‘K’ AFFIDAVIT TO BE SWORN BEFORE THE FIRST CLASS JUDICIAL MAGISTRATE OR THE EXECUTIVE MAGISTRATE ON NON-JUDICIAL STAMP PAPER FOR ISSUE OR RE-ISSUE OF PASSPORT BY THE MARRIED APPLICANTS WHO ARE UNABLE TO PROVIDE THE PRESCRIBED MARRIAGE CERTIFICATE OR JOINT PHOTO AFFIDAVIT WITH SPOUSE DUE TO MARITAL DISCORD/SEPARATION WITHOUT FORMAL DECREE OF DIVORCE ISSUED BY THE COURT OR DUE TO TOTAL DESERTION BY THE SPOUSE

The format for ann-K is given below for your information:

ANNEXURE ‘K’ AFFIDAVIT TO BE SWORN BEFORE THE FIRST CLASS JUDICIAL MAGISTRATE OR THE EXECUTIVE MAGISTRATE ON NON-JUDICIAL STAMP PAPER FOR ISSUE OR RE-ISSUE OF PASSPORT BY THE MARRIED APPLICANTS WHO ARE UNABLE TO PROVIDE THE PRESCRIBED MARRIAGE CERTIFICATE OR JOINT PHOTO AFFIDAVIT WITH SPOUSE DUE TO MARITAL DISCORD/SEPARATION WITHOUT FORMAL DECREE OF DIVORCE ISSUED BY THE COURT OR DUE TO TOTAL DESERTION BY THE SPOUSE I…………………………….(name of the passport applicant) solemnly declare and affirm the following: 1. That I am married under…………………………….marriage Act/Rights/Customs and has been living together with…………………………….. (name of husband/wife) as married couple since………………… (date of marriage) 2. That I am separated from my husband/my wife from…………….. (date) though we are not yet legally divorced by decree of a Court of Law. That my passport be issued or re-issued (as the case may be) in my maiden name or in my married name as.... ......................................................... (only for female applicants). OR That I am separated from my husband/my wife from…………….. (date) though we are not yet legally divorced by decree of a Court of Law. I/My wife or husband have/has already filed a divorce petition which is pending for adjudication before …………………………….....(name of the Court with place). That my passport be issued or re-issued (as the case may be) with my spouse name as..................................................(name of spouse). OR That my passport be issued or reissued (as the case may be) without my spouse name. However, in the eventuality of a Court declining to decree of divorce, I will get the passport re-issued with spouse name within three months thereof. That I solemnly affirm that the information given above is correct to the best of my knowledge and in the case of litigation arising due to issue or re-issue (as the case may be) of my passport in my maiden name/married name or with/without spouse name, I would be solely responsible for defending the case and not the Passport Issuing Authority. Date: Signature & Address of Deponent