• Court declaratory order for date of birth change in passport

My mother she is semi illiterate has applied for correction Date of birth in passport she had made earlier passport on based Adhar card. After 4 year we know that the birth date wrong in adhar card and passport. Now we have corrected birth date in adhar card as per school L.C and now we want to change in passport after application in passport we have submitted following documents. 
1.Old passport 
2.Old Aadhar card 
3.New Aadhar Card 
4.School leaving
5.no record letter from mamaldar 
6.Affidavit of explanation 
7.No recored cerifacte of Birth 
 english and Gujarati 

But still RPO is asking for court declaratory order for change birth date in passport now due to some family medical emergency she need to travel USA we do not have time for court procedures. Now she is semi illiterate and she having school leving certification and updates adhar how i can comvice RPO ? we dont need court order ? Can any one share any judgment or guideline that will help saying in this situation based on school leving or updates adhar we dont need court order ? Thank you ?
Asked 4 years ago in Civil Law

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5 Answers

The law or the rules are vey clear that the passport authorities cannot issue a passport with the corrected date of birth without a valid/authenticated proof of the  correct date of birth now being claimed 

The declaratory suit to be filed in the court may not take more than 6 months since the contesting party shall be the passport authorities only and they cannot object to this suit.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

RPO would not change date of broth in passport merely on basis of documents submitted by yOu 

 

they would insist on declaratory order by court for change of date of birth in your mother passport 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Dear sir,

1. The RPO won't change the details on the basis of the school leaving certificate.

2. a declaratory order Is necessary from the court. you can only ask the court to expedite the process by giving an application about your emergency.

Thank You 

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

1. She shall have to execute an affidavit before the 1st Class Judicial Magistrate affirming that her incorrect DOB was mentioned while applying for her passport based on her incorrect DOB mentioned in her Aadhar Card which has now been corrected and her DOB mentioned in her  passport  is now required to be corrected.

 

2. This will take just one day to get he affidavit affirmed and thereafter you can get your mother's passport reissued correcting her DOB. 

 

3. If she is required to be taken abroad urgently on medical ground, what is the problem in using her existing passport for her going abroad?

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 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 irrespective of the period that would have lapsed after the issue of the passport.
- According to earlier guidelines, request for change of DOB was allowed within five years of issuance of the passport and the entire process was lengthy and cumbersome as it involved lot of paper work.

- Otherwise, if the application for correction is rejected by the PIA, then you should file Writ before the High Court. 

- Further, she can authorize any relative or nearest one to approach the court for filing and appearing on behalf of her in India. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

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