• Passport permission

Hi
How can i apply to court for permisdion for passport to my son as his father is unavailable to reach and cannot sign the documents ?
Asked 4 years ago in Family Law
Religion: Other

13 answers received in 1 day.

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15 Answers

Applicants who are under 18 years of age are deemed minors with respect to passport issuance in India. A minor ought to have a separate passport in that endorsement of his name in his father's passport is not permissible anymore under the guidelines issued by the government of India. Minors are issued a 36-page passport booklet.

Validity Of Minor Passport

Scenarios = Documents

Passport of a minor with consent of parents = Annexure H

Minor with a single parent = Annexure H

Single parent of a child born before marriage = Annexure C

Legal guardian = Annexure H

Application by one of the parents when consent of both parents cannot be obtained = Annexure G

Parents live separately but are not divorced = Annexure C

Who Can Apply For Minor Passport?

The parent or the guardian can apply for a minor's passport. In other words, either the legal guardian or the parent ought to give his or her consent for issuance of a minor's passport.

The list of documents which have to be submitted are listed in the table below:

How To Apply Minor Passport Online In India

The passport application procedure remains the same for minors. The documents required may vary. Furthermore, the parents or guardians might have present for the passport appointment, or must send consent of passport issuance with the child.

Under the new system of passport issuance, every applicant must be present at the passport office to submit their biometrics and have their photograph taken, or submit a photograph.

Even if the child is just an infant, the child must be present at the office. No person can get the passport application process, verification and issuance done on behalf of another.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

kindly state detailed facts of the case

2) you dont need court permission for issue of passport unless there is pending criminal case against the applicant

3) application has to be made to passport office . personal presence of applicant is necessary together with the requisite documents

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Please note that the child has to be personally present with you in passport office. If you are guardian or parent of child you need to be present with child at time of appointment. Please go through Annexure G and H it may help you. Secondly court permission is not needed.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

After the decisison of recent supreme court the signature of father is no more compulsory to obtain the passport of a child if his mother is available.

So the mother alone can apply for apssport of the child with her own signature.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

There is no need of father to sign the documents child can apply himself with you as his guardian,filing up the form G in form.of Affidavit.

The forms prescribed format is available.on website and passport seva kendra.

Ministry of External Affairs has simplified its procedures for issuing passport for minor children from.septmeber 1, 2015.

The procedure for applying passport for minor children at the Passport Seva Kendra (PSK) with regard to presence of parents is as follows: if both the parents are able to visit the PSK, the passport application with prescribed documents along with Annexure H is enough for applying passport. Annexure H could be submitted in plain paper in the prescribed format.

If only one parent is able to visit the PSK, Annexure G should be submitted in the form of an affidavit on non-judicial stamp paper of minimum value duly attested by a judicial magistrate or an executive magistrate.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

Passport can be taken by minor through his guardian. First declare yourself as guardian of minor child. Get all the required documents like evidence regarding date of birth, address proof etc, then apply for passport.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi Dear client

Yes you can apply for the passport of your son, if in the birth certificate it is found that you’re the single mother then make affidavit of the same and apply for it or else file a case to the court for getting permission to apply to the passport as ur being the custody of the child and to are not aware of your husband where he’s if sufficient cause is shown before the court you will be liable to get permission to make passport. Nothing to worry madam. For further details you can mail me.

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

1. First execute an affidavit before a 1st Class Judicial Magistrate affirming that the father of your son is missing (or whatever is the correct state of affairs) and is unavailable to sign the documents for availing his passport as required by law for which your sole signature thereupon is required to be accepted by the passport authorities for issuing passport in favour of your son. Adequate evidence in support of your claim about your not being able to reach him shall have to be produced along with the said affidavit.

2. Thereafter you shall have to apply for the passport of your son with only your signature enclosing the said affidavit affirmed by you.

3. If you are still refused by the passport authority for issuing the passport for your son with out the signature of his father, then you shall have to file a Writ Petition before the High Court against inaction of passport authorities praying for direction upon the passport authorities to accept the application for your son's passport with your signature only.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

Assuming that there have been no prior orders passed on the issue of custody, you may move an Application/ Petition before the family Court seeking directions to be appointed as the Guardian of the Child. If the father appears during the proceedings, you can move an Interim Application for seeking directions to the father to cooperate for passport. Otherwise you will be appointed as the Guardian of the child and won't need further signatures.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

Contact a local lawyer to seek more guidance and based on his advice, prefer an appropriate case/writ in the civil court/High Court.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You’ll need to apply to a court for permission to take a child abroad if you haven’t got permission from the other people with parental responsibility. You have to give reasons for non availability of father to sign the papers and on satisfaction the judge may grant permission to the authority to make your son passport.

An notary affidavit in this regard need to be filled for submission in the court by the child current guardians.

You can also apply for a temporary passport .

Taking child outside country without parental responsibility is a crime in UK .

Vijay Sahni
Advocate, Delhi
28 Answers

4.0 on 5.0

Dear Client,

In India, Ministry of external affairs, issues guidelines, that any single parent is sufficient to issue passport.

7 New Rules To Ease Passport Application Process 2017

Name of only one parent or legal guardian mandatory

Applicants can now choose to fill in the details of only one legal guardian or parent, making it easier for single parents to obtain a passport for their child/children. It is now no longer mandatory for the father’s name to be mentioned in the passport application form. This is especially true in the case of children being raised by single mothers and adopted children. This change was implemented after a special committee was set up to examine issues relating to passport applications for adopted children and children of single parents.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You can file an application in court for the same. But first try to resolve the same through passport office and then approach the court

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

What is the reason that the father is not reachable ?

If there is a marital dispute pending or disposed , you can apply for his passport as mother and guardian based on the said legal dispute.

You can give an explanation in white paper about this and add profs to your relationship with the son and husband.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Hello,

First approach the passport authorities and as and when they reject the application then file a writ in the high court to seek appropriate directions

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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