lifequestion (XYZ) 22 November 2009

Passport for my minor son

Dear Sirs,

I am a Hindu woman and got divorced from my husband(hindu) in 2003 through mutual consent. At the time of divorce my ex-husband had stated in the petition that that the child (male, now 13 yrs) will be in my custody and will never interfere with the upbringing of the child. He will not give me any alimony (I had also declared that I will never claim). All this came as an affidavit with the court order. Subsequently I got remarried in the year 2004 to a man who was unmarried. We want to renew the passport for my minor son and would like to use the name of my present husband as legal guardian. What is the best legal way to do so? Our divorce had taken place in Chennai High court. I have got remarried and the same was registered in Chennai too which is also the place of my current residence.

Looking forward to your guidance.

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6 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 22 November 2009

This is not possible in the given circumstances. If your ex-husband is agree only then your son can be given in adoption otherwise your ex-husband is the father of your minor son born out of your wedlock with him so you cannot suo motto change his parentral name at your good wishes.

Suchitra. S (Advocate) 22 November 2009

Makkad Sir is right. Your son cannot have your present husband's name unless there is adoption with the permission of your first husband.

(Guest)

Rajkumar Makkad ji has given perfect suggestion.

Sachin Bhatia (Advocate) 22 November 2009

Agree with Mr.Raj

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 22 November 2009

AS PER AS RENEWAL OF PASSPORT U CAN DO WITHOUT ANY CHANGE OF FATHER NAME,THE ATTACHED AFFIDAVIT WILL HELP U

Attached File : 22 22 government of india.doc downloaded: 122 times

(Guest)

I am not a Advocate but I can say firmly this lifequestion XYZ lady can use any ABC who married her legally as legal guardian in the Passport. But not as a father. Father is father. She can change any number of Husbands but not father's name and mother's name in any Indian Passport.

Please read the Passport carefully. Name of Father / Legal Guardian.

That means she must cut off one.

Thanks for understanding XYZ lady.