Silent Sufferer (Owner) 14 December 2013

Wrong marital status or hiding marriage in passport

Hello Ld. Members!

I got my passport issued BEFORE i was married as per Hindu law and am currently separated from my wife for the last 7-8 years. There have been NO legal steps taken by me or my wife in this period.

At time of Passport Renewal, I was told to produce marriage certificate that I didn't have. (In fact, neither me nor my wife got it made at time of marriage OR even later) I searched online and learnt that all I have to fill Annexure Kalongwith a sworn affidavit etc. But GROUND REALITIES are different--at the Passport Seva Kendra (I live in a big city, by the way) or in the Court Premises. At PSK, they didn’t have Annexure K form and even claimed to have never heard about it. I got the format online. When i went to Court for affidavit, I was told I cant do it because there is no PROOF of separation. Seeing me running around, the employee at Passport Seva Kendra told me to simply leave the "Name Of Spouse" blank as before renewal. I knew it wasn't strictly proper, but i did it as I was hassled by the above process which went on for over a week. This was couple of years back.

When my wife wanted her own passport renewed and also apply for my son's new/fresh passport, she contacted me to ask about Marriage Certificate-not-made-issue. Since reconciliation efforts were going on at the time,I frankly told her to do what i did for her own passport- and she did that. This was a year back.

Now, since all attempts at reconciliation or Mutual Consent Divorce have failed,I have decided to file for divorce on grounds of desertion.

I fear she might raise this issue-that I am declaring myself as unmarried on my passport and that my passport be seized in case I might run away abroad. I do go abroad occasionally for work which will suffer and also this can harm me in creating an unfavourable impression in the Divorce judge's eyes also. In divorce proceedings, if I point to her similar action, its of no use to me. Besides, she's hardly gonna use the passport and can afford to get it seized-that’s for sure.

Kindly advise what to do?

Should I file for divorce and THEN show the divorce petition as proof so i can fill annexure K…OR should I declare my misrepresentation to the passport authorities and get the passport amended-in which case, what is the procedure, time period for correction and also penalty involved? Also, how soon can I expect to get my passport back for use.

Thanks in advance.

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5 Replies

Hardeep (Business) 15 December 2013

As far as the Penalty is concerned please see :

https://passport.gov.in/cpv/penalty.htm

Regarding other queries I have no idea.. except that Passport Office has a lot of discretion on these matters.....

Hope of help !

Silent Sufferer (Owner) 15 December 2013

@ Hardeep,

Thanks for the prompt reply. [And yes, NOW I share your belief of not being on the 'left' side of law ;) ]

Your reply answers the highlighted below part of my query:

"""Should I file for divorce and THEN show the divorce petition as proof so i can fill annexure K…OR should I declare my misrepresentation to the passport authorities and get the passport amended-in which case, what is the procedure, time period for correction and also penalty involved? Also, how soon can I expect to get my passport back for use""".

On the remaining matters: Ld Members, kindly advise.

Thanks in advance.

T. Kalaiselvan, Advocate (Advocate) 15 December 2013

Well, if you have decided to divorce your wife and dissolve your marriage, it is better not to include your wife's name for the present in the passport, I dont think it will make any difference if you do not include her name in the passport. If you want resume your discontinued marital voyage with your wife, it is pertinent that you include her name as spouse in the passport. Do not bring this passport issue to the light and get it interconnected to the divorce case, go for the legal cases separately.

1 Like

Silent Sufferer (Owner) 19 December 2013

@ Adv. T. Kalaiselvan,

Thanks for your valuable suggestion.Yes, I have decided to go ahead with Divorce proceedings soon.

But Sir,I am apprehensive about what you said:

Do not bring this passport issue to the light and get it interconnected to the divorce case, go for the legal cases separately.

The passport issue IS IN THE LIGHT as I have already told my wife about it earlier (pls read above my 1st post)...kindly advise how can it get interconnected to the divorce case...and the precautions/steps i need to take to minimise the damage.

Ld.Members, pls give your advice.

samiksha 12 January 2016

Dear Sir,

I got married in 2010 and marriage was not registered . Still we got passport on basis of marriage affidavit.

Now am getting separated from my husband. But we haven't approached to court and rgistered divorce. My query is :

1. can i appply for fresh passport by my father's name .or

2. can we change the name , address etc with some affidavit and will passport show marital status as divorced/ separated( because i dont want to reflect that status in my passport for better reasons)