Neeraj (manager) 15 December 2014
Dear Sir,
This case is of my sister. She want to change the name of her husband in passport because of divorce from 1st husband and re-marriage. Divorce decree is from australian court on grounds of mutual consent. Passport officials are asking for the court certified copy of divorce decree from patiala house court. But we are confused as the divorce decree is from foreign court so indian court will certify it or not. Kindly advise.
Adv. Mandar Pimpalkhare (Advocate) 16 December 2014
Dear Neeraj
As per RTI Act a certified copy is copy of document/s / files which the public authority holds and are issued by Information officer of such public authority. In short certified copy can be given for the documents/files of the same which are in once possession and is duly authorized to issue the same. In your case Indian court may not give certified copy of Foreign Court Divorce Decree. Even foreign judgement for divorce may not be considered on ground of competency of court passing it as divorce laws in India are based on religion namely, whereas its not case for foreign laws. In this matter there are lots of legal issues apart from the issue discussed above. It is advisable to consult local lawyer for your querries and procedure to be followed for changing the name in passport or to satisfy the querries raised by local passport officials.
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