• Incorrect addition of spouse name

Hi, my passport has spouse name that was included in 2006. She was my girlfriend at the time and agent suggested I include. But we never got married legally or otherwise. I need your advice help to remedy this situation. The girl in question has been outside India and is legally married.

Please help
Asked 6 years ago in Family Law
Religion: Hindu

8 answers received in 1 day.

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14 Answers

You have to apply for  reissue of passport’. After this they should select the option ‘change in existing personal particular’ and then choose ‘spouse name’ and then select ‘change in existing  personal particulars’.

  • Individuals will have to provide the following documents:

    • Original passport with a self-attested photocopy of the first and last two pages
    • In case the applicant is applying for deletion of the spouse’s name due to divorce, then a Certified Copy of the Divorce Decree and Sworn Affidavit/Deed Poll(Annexure ‘E’)

2) if you don’t have divorce decree her name would not be deleted 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

For removal of spouse name in passport RPO would insist on divorce decree certified copy 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Even for entry of your spouse in your passport  now after marriage you would need divorce decree of so called earlier marriage 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Still to remove first wife's name you will require divorce copy from here. So now contact her and prepare mutual consent divorce ask her to signed and send back to India. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Sir,

The remedy lies in filing a civil suit seeking declaration to remove/delete such name which inadvertently crept in due to the unwise advise given by your agent. You may get issue a formal notices to the Passport authorities etc. This may avoid future consequences and brings on record your bonafides.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. Incorporating /Adding any name as "wife" in the Passport, more so when not married, is a prosecutable offence, of Breach of Trust & Cheating.

2. Surrender the present Passport, by following due procedures of Law and let the Passport lapse its 10 year term (whichever is earlier)

3. When making new passport, incorporate the true of Wife, by supporting marriage certificate and circumvent any legal proceedings.  Not much legal solution to point no. 1, except to let it lapse.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

- As per the revised guidelines, passport issuing authorities (PIAs) have been authorized to consider request of each applicant seeking change in date of birth or other corrections , irrespective of the period that would have lapsed after the issue of the passport.

- An application for re-issue of passport in respect of ‘change in existing personal particulars ~ change in spouse name’ will have to be submitted.

- Hence, for changing a new name of spouse , you should apply for re-issue of passport , and fill up the details given under the heading of " CHANGE IN EXISTING PERSONAL PARTICULARS "

- Besides other document, as a documentary proof of new Spouse' s changed name, the following document will have to be submitted -

1. New Spouse passport/ Service record/pension document/property document, etc

2. Divorce  certificate of earlier spouse , whose name is given in the passport. 

-  Since, you are not having Divorce certificate , there will be problem for deletion.

- Further since she already married with some other guy, and in abroad , hence you even cannot get any positive favor from her . 

- My suggestion : File Divorce case in the family court , on the ground of Desertion & is non- consummation of marriage ground , on her last known address , and since she will not appear in the case,  you will get Ex-parte divorce decree legally , within a period of maximum 3 to 6 months.

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. You have to prove to passport official that you were not married to that girl and it was mentioned by mistake. 

2. But this step can bring more trouble toward you as they can lodge FIR for fraud against you as its been 13 years you are using that passport.

3. You should file a divorce petition and contact that girl to take help in this case to get Ex-parte orders of divorce so that you can remove her name officially by divorce orders. 

4. After that you can register your new marriage and insert your real spouse name in passport.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If you had included her as your spouse in your passport then for removal or deletion of her name from passport you may have to produce copy of divorce decree attached to the reissue of passport application. 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The remedy as suggested is that you have to obtain a decree of divorce. 

You can contact a local lawyer and get an exparte divorce decree also to solve the problem. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

No.

Even if you prove that you married someone subsequently,  for deleting her name from your passport you may have to produce divorce copy to the passport authorities. 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

you can can submit annexure K an Affidavit for Re-issue of passport, which was obtained prior to marriage. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

contact local advocate or broker. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You gave false information. Now during next renewal you don't give her name

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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