LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

kumari   27 March 2016

Pass port applied after marriage as single status

Hello Experts,

Please help me on my doubt.I have applied passport after married and applied as single as at that time i was having issues with my husband , moreover i dont have any proofs for marriage to apply passport. Hence i apllied passport using my 10th class marklist as proof of DOB and my fathers residancial address as proof of address.Will it be a problem , if someone filed case aginst my passport as i said as single though married.will i be punished  or considered as cheater for false option[single instead of married] . i want to get divorce now and i doubt my husband may araise complainst as he knows the grounds of my application. Please help me, what can i do if any case filed aginst?



Learning

 6 Replies

Ketan   27 March 2016

Yes..giving incorrect information in passport is crime..

(Guest)

Kumari don't get panic 

Although you have done wrong still there is other side of the case from you , that you did not have certificate , marriage was in trouble etc. 

And most imp. thing there was no criminal intention of doing so,  People who do mischief in passport have criminal intention , so for them Law is very stricity. Eg. Proffessional criminals etc. who even put different name and get passport to avoid detection. Your case does not  fits in such cases but in matter with anger you did not enter husband name and husband status due to matrimonail conflict. And Some Women also go to extend by throwing Mangal sutra in dustbin so yours is one of that case.

I feel go to passport website , then there is call center no. just call them and ask what is procedure to do rectification etc. 

Concentrate on your matrimonail issue /case and do necessary rectification in Passport . If required take some assitance of some one so job will be easy. Doing wrong is wrong , but if you yourself make straight every one feels you are geniune and ignore. 

Additonally it just came in mind that there is "alias" that is person if have two names for women before marriage and after marriage then both are written. One name you did not give, so it was just done due to oversight forget it . No one is going to knock your door , If Police comes (as you fear that you did not put proper husband name) ,Contact State Women Commission and do complaint against police haressment and tell them , I was angry on my husband our marriage not going well so did not put his name , and give two three bad words to your husband. They will ignore and forget.

Yours seems to be geniune case , without criminal angle . Forget it , Enjoy 


(Guest)

Kumari ,

First sorry for some wrong interpretetation. I thought again and felt some thing else in your case regarding Passport

1) First I was wondering under which Act and Section , name of women changes or is changed after marriage ? 

Well to be to the point , Hindu Marriage is conducted as per Hindu Marriage Act 1956. This act is applicable to all except Muslim, Christian , Jew and Parsi. Registered marriage which is called is done under Special Marriage Act.

Now there is no provision in Hindu Marriage Act that women should change the name after marriage , the way name should be changed, whether she has to put her husband name in between. Whether she should add Maternal surname first and then add in law  surname as per new style .  Law is totally  silent . Nothing mentioned. 

If you have to change name you have to do gazette notification , this procedure too you have not done. 

So naturally or legally your name is never changed . 

So you did not do anything wrong in submitting documents etc. All is correct.

Question is of matrimonial status --- Single /Divorce /Married/Separeted 

This is too personal question . Nothing related much about foreign travel etc. Only if you are applying as dependent spouse etc. then it may be required else it is immaterial.

So logically after thinking again I feel you have not anything wrong. Show me any law by which after marriage name changes as per Act. This is all just going as per tradition etc. which has no meaning and no legal standing too. Even Some Minister women whose late father was minister puts her father name only not husband for political gain. 
 

Again Status - There is no harm whether you write single /divorce/married so long you are not using that status for some wrong purpose. 

On what legal stading and under which law anyone can take objection. If passport act is so stricit that giving wrong information is punishable offense still there can be error while filling form. Error while doing data entry etc. So it is one of them

Just forget it , there is no issue at all. It is creation of your mind /or some one is trying to fear you unnecessary for his vested interest . 

I feel you follow this message not previous message which I wrote 

 

 


(Guest)

Additonally I felt  llke adding further , Regarding divorce proceeding or alimony /maintaince etc. 

Whatever you state on passport is  immaterial that you are single or married.

Remember as Per Hindu Marriage Act 1956 Sec 7

7. Ceremonies for a Hindu marriage.-

(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.

(2) Where such rites and ceremonies include the Saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.

-------------------------------------------------------------------------------------------------------------------

So whether you have marraiage certificate or not or any document or not that too is not that imp. It is for convience for proof sake only . So if you marry around sacred fire your marriage is taken place.

So don't bother about Passport , Don't bother that you put your old name your husband will object and you will suffer , it is all foolish mental game done in court Some time.

Only imp. thing is that if you want to take Divorce it has to be taken from Court only and only Judge can grant it. And till the time you don't take divorce neither party can marry again , else other party can start legal proceeding etc. 

 

 

kumari   29 March 2016

Thanks for your Kind Explaination Madhu!!

I have not changed my name after marriage.and all the documents which i submitted is correct and no false documents/statements provided except the marrital status.

Thank you Very Much, all my worries gone now.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     29 March 2016

People are giving lengthy replies for questions which you have not asked. What exactly do you mean by saying that you applied for passport as 'single'. 1. Do you mean to say that you gave your maiden name instead of your husband's surname? 2. Did you mention your marital status as single instead of stating 'married'.? 3. Are there other questions pertaining to your marriage in the passport application form? 4. Do you plan to go abroad immediately or in the near future?

As regards your answer to question no.1 there is absolutely no problem. As regards answer to question nos. 2 and 3 you can apply for correction after you get the passport. Just because you say that you are married you will not be asked for marriage certificate. I do not think there is any question in the passport application that would require your husband's signature. Mere possession of a passport with wrong marital status is not an offence. If you want to go abroad there will be visa requirements. Visa laws change from country to sountry. Giving a false statement or suppression of truth is an offence only when you seek to make an illegal gain to yourself or cause an illegal loss to someone else.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register