Consent of biological father is necessary for issue of passport to minor child
2) file RTI application with passport office as to how passport was issued for minor child without your consent
Minor child - passport - foreign travel
I am father, fighting custody for my 10 year old son who is currently with her mother. I got to know that he has travelled to USA without my knowledge, which implies he has passport - without my knowledge. 1. Is it possible that without my signature or permission of court, the mother can get the passport made? 2. If yes, how can i seek the passport details - through RTI or through court? 3. If through court, what reason should I give to court to seek passport details?
Asked 14 days ago in Family Law
Religion: Hindu
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6 Answers
Dear client, a minor child can get the passport in mothers name if she has given the namw as single mother, in case of death of father or in case of divorce. You cannot get the passport details through RTI. You can file a case on the mother in the court for taking the child without the consent of the father, in that case also you cannot get the details of passport.
In case divorce is still pending before the Court, the applicant’s parent should furnish or obtain permission from the court to apply for a passport for the child without the consent of the other parent of the child or provide declaration in form of Annexure-C with applicable reason.
In case one married parent has terminated the relationship with the other parent without a formal divorce, declaration in the format of Annexure ‘C’ may be accepted from the parent having the custody of the child.
You can obtain details of the passport of your minor child by producing documentary evidences to prove your relationship with the child.
A settled law is given below for your reference in this regard:
Citation: Shri Harihar Ravi Iyer v. Regional Passport Office, M/o External Affairs in Decision No.CIC/SM/A/2013/001358/VS/07669.
She must have submitted false reason to avoid your signature.
RTI
1. The consent of natural guardian is mandatory for getting the passport of a minor child , hence you can lodge a complaint before the Passport authority for the same.
2. You can move an application before the same court for directing her to produce the passport , and summon the passport authority to submit the enquiry details with documents.
3. You can mention that since the petition is pending before the court then the permission of the court is necessary for procuring the passport and to travel abroad with the consent of the father.
No mother can only seek passport if she has exclusive custody of the child from court order. Otherwise she needs to seek consent of the biological father of the child
