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fayyazz (officer)     06 July 2012

Divorced nri parents & custody of child

Dear Experts

A divorced NRI couple in gulf, where the gulf country court has ordered custoy of minor child to be with mother.

The divorced Mother wants to come back to India with her child.  Child's indian passport is with father, who is refusing to give the passport. Mother is approaching Indian Embassy for new passport and Embassy is asking for father''s signature of application for making new passport (under the pretext that the passport of child is lost). father is refusing to give even signature for new passport application to Indian embassy.  

Can embassy issue emergency document to child based on application of mother only ? particularly when the local gulf court has given custody of child to the mother and couple is now legally diverced aslo.

Fayyaz Ali



Learning

 3 Replies

Anish Thakur 7018812737 (advocate)     06 July 2012

fayazz

no indian agencies whether in india or working outside india can deny their services mere of the reason that father signature is not there

you can file a suit against the indian ambassy and make ministry a party too in india.,and can force the ambassy in gulf to issue new passport by means of court orders.

feel free to call on 9459321520 between 1-2pm

Anish Thakur 7018812737 (advocate)     06 July 2012

fayazz

no indian agencies whether in india or working outside india can deny their services mere of the reason that father signature is not there

you can file a suit against the indian ambassy and make ministry a party too in india.,and can force the ambassy in gulf to issue new passport by means of court orders.

feel free to call on 9459321520 between 1-2pm

Adv. Chandrasekhar (Advocate)     07 July 2012

I agree with Mr. Anish.  I further add that in the suit add husband's name also as defendant and ask a relief of direction to the husband to handover the passport to the mother, who is a legal custodian by virtue of court order.


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