• Marital status on passport

I am 29 female. I was brainwashed to get married when I was 18 years old and convert to another religion. We got married in the court. I realized my mistake within a few years. We never stayed together. My family is unaware of this situation. Now I plan to get a divorce and tell my family about the situation. Before i do that I need to make myself financially stable.

I now have an opportunity to join a good MNC. i will however have to provide my passport to join the company. I need to apply for the passport. Can I mention my marital status as single while applying and get it rectified later? I will not accept any traveling opportunities and not lie for Visa or any of that. I am willing to pay a fine at a later point. Unless there are other legal consequences. 

My second option is to move to another city (Currently staying with my family) and apply as separated. I am not legally separated. I just haven't stayed with the person I got married. Am I eligible to do that? What documents would I need to submit for that? Will my marital status show up on my passport? Will my employer come to know about it when I submit my passport? Will my family come to know the status by seeing the passport?

Is there any other option that i can take into consideration? I just need the job and make myself financially independent. 

Please let me know.
Asked 5 years ago in Civil Law

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7 Answers

You can mention your status as separated 

 

2) you need to submit affidavit that you are separated from your husband 

 

3) ANNEXURE ‘K’
AFFIDAVIT TO BE SWORN BEFORE THE FIRST CLASS JUDICIAL MAGISTRATE OR THE EXECUTIVE MAGISTRATE ON NON-JUDICIAL STAMP PAPER FOR ISSUE OR RE-ISSUE OF PASSPORT BY THE MARRIED APPLICANTS WHO ARE UNABLE TO PROVIDE THE PRESCRIBED MARRIAGE CERTIFICATE OR JOINT PHOTO AFFIDAVIT WITH SPOUSE DUE TO MARITAL DISCORD/SEPARATION WITHOUT FORMAL DECREE OF DIVORCE ISSUED BY THE COURT OR DUE TO TOTAL DESERTION BY THE SPOUSE
I..................................(name of the passport applicant) solemnly declare and affirm the following:
1. That I am married under..................................marriage Act/Rights/Customs and has been living together with................................... (name of husband/wife) as married couple since..................... (date of marriage)
2. ThatIamseparatedfrommyhusband/mywifefrom.................(date)thoughweare not yet legally divorced by decree of a Court of Law. That my passport be issued or re-issued (as the case may be) in my maiden name or in my married name as.... ......................................................... (only for female applicants).
OR
That I am separated from my husband/my wife from................. (date) though we are not yet legally divorced by decree of a Court of Law. I/My wife or husband have/has already filed a divorce petition which is pending for adjudication before ......................................(name of the Court with place).
That my passport be issued or re-issued (as the case may be) with my spouse name as..................................................(name of spouse).
OR
That my passport be issued or reissued (as the case may be) without my spouse name. However, in the eventuality of a Court declining to decree of divorce, I will get the passport re-issued with spouse name within three months thereof.
That I solemnly affirm that the information given above is correct to the best of my knowledge and in the case of litigation arising due to issue or re-issue (as the case may be) of my passport in my maiden name/married name or with/without spouse name, I would be solely responsible for defending the case and not the Passport Issuing Authority.
Date: Signature & Address of Deponent

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

No you can't do that as that would be illegal and can attract penal consequences.

A petition for declaring the marriage void should be filed in the family court. If he doesn't respond then the court may grant you divorce.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Since you are married you can mention yourself as a single and if this is revealed then your passport would be revoked.

So apply as married person only and thereafter you can proceed to file a suit for divorce.

An employee entangled in marital dispute does not entail any damage to her professional career. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Madam,

You are really passing through a testing phase of mind and it is suggested you proceed legally by taking correct steps towards divorce and submit the correct information in the passport. Also take family members in confidence and they will support your action. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Dear ma'am,

If  you wish to make a passport, you need to provide all the current details regarding your marriage status too. what if while seeking divorce or judicial separation, your spouse uses this passport document as a weapon against you and makes it hard for you to get divorce or separation.

You may currently apply for divorce or separation in the court.  you will be entitled to claim maintenance from your spouse.

it is advisable not to provide any fake documentation anywhere, it might make your case hard

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

If you are married and there are records to prove the solemnisation of yor marriage, you cannot suppress this fact in any application that you may make before the governmental authorities to obtain any government document namely passport or aadhar card and also it may not be proper and legal  if you suppress the fact of your marriage to your employer as well.

You can apply for divorce on the basis of non-consummation of marriage and living separately away from each other for years without any cohabitation between you both.

You may discuss with a local advocate in person about clarifying the legal hassles in this regard and take a wise decision.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

- As per Delhi High Court, physical intimacy is an essential aspect of marriage and continuous refusal to have such relationship can be a ground for divorce,

- Further, under section 12(1)(a) of Hindu Marriage Act, non consummation of marriage is a ground of divorce and annulment of marriage . 

- Hence as your marriage is not consummated , then you can file divorce petition on this ground. 

- Further, if he also not wants to live with you , then you both can file a mutual divorce petition before the family court for getting divorce within a short period of time. 

- Since, till date you are legally wedded wife , then you cannot mention in the passport as single , otherwise you will have to face the consequences for giving a wrong information. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

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