• Documents required for minor's passport in case of parents got mutual divorced

My son's (Age 13 years) passport need to be renewed. Now we were divorced (mutual) and son is staying with mother in Bangalore. I have the visiting rights and same also mentioned in the divorce decree. Currently I am staying in Noida. I have 4 queries regarding the renew of passport of my son.
1. Do I need to present in the passport office in Bangalore? 
2. Does passport office ask for divorce decree?
3. If answer to question 2 in Yes. Do they require the divorce decree in English as mine is in Hindi as it was issued from family court in Ghaziabad.
4. How to get divorce decree in English if they ask for.
Asked 8 months ago in Family Law
Religion: Hindu

7 answers received in 1 day.

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9 Answers

In case  of minor children of married parents, the name of father/mother shall be furnished by the other single parent having the custody of the child, irrespective of the status of their marriage, such as, divorced, divorce pending, separated or deserted, with or without visitation rights to the estranged parent.

 

2)Both parents or either parent with passports of both the parents shall be present at the time of issue of fresh passport or reissue of passport to the minor children or one parent with the passports of both the parent

 

3) divorce decree would be required 

 

4) get translation done into English by certified translator 

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

 

You have been granted visitation rights 

 

you need your wife consent to take child abroad 

 

3) if wufe has reverted to her maiden surname it should be by notification in official gazette and 2 local newspapers 

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

Dear client,  

In the case of renewing a minor's passport, especially when the parents are divorced, there are specific requirements and considerations. Here's the information you may need:

Presence at Passport Office:

Typically, one parent can apply for a minor's passport renewal without the presence of the other parent, but you should provide an authorization letter from the absent parent.
Divorce Decree:

Yes, the passport office may ask for the divorce decree as it helps establish legal custody and guardianship. However, if you have custody and visiting rights mentioned in the divorce decree, it should be sufficient.
Language of Divorce Decree:

If your divorce decree is in Hindi, you should get it translated into English. You can consult a certified translator or approach the family court where the decree was issued to provide a translated version.
Impact of Ex-Wife's Name Change:

If your ex-wife has changed her name and is reissuing her passport, it may not directly impact your son's passport renewal. However, make sure that all the documents and information provided in your son's passport application are consistent with the details mentioned in the divorce decree and other legal documents.
Foreign Travel:

Traveling with your son using his new surname in his passport and your old surname in your passport should be fine as long as you have the necessary legal documents to prove your relationship and custody.
It's essential to consult the official website of the Passport Seva Kendra or contact them directly to get the most up-to-date and accurate information about the specific requirements and procedures for renewing a minor's passport, given your circumstances.

Anik Miu
Advocate, Bangalore
9153 Answers
111 Consultations

4.7 on 5.0

If there is any requirement for submission and verification of originals then your presence will be required 

yes it may ask for Divorce decree

no it can be the language in which it is issued

Prashant Nayak
Advocate, Mumbai
32146 Answers
183 Consultations

4.1 on 5.0

-  passport applications for minors under 18 require consent of either both parents , and both the parents should sign Annexure 'D' in fresh or reissue cases .

- Further, Where the custody of the child has been given exclusively to either parent without any visitation rights to the other parent, the question of obtaining consent of the other parent would normally not arise, and a certified copy of the court order has to be submitted with the application and Annexure ‘C’ signed by the single parent.

1. Since, you having visitation right , then the consent of both the parties are needed , and you can give your consent to her for the renewal of passport , and hence your presence is not mandatory.

2. Yes,

3. Not mandatory , 

4. You can visit any court premises for converting the said order in English by an authorized license holder. 

- Since, she has removed husbands name after the divorce , then she can apply even without your consent after submitting the divorce decree. 

Mohammed Shahzad
Advocate, Delhi
13486 Answers
200 Consultations

5.0 on 5.0

The documents required are :

Children aged below 18 years whose parents are divorced:Proof of present address.

Proof of date of birth.

A declaration confirming the particulars furnished in the application as per Annexure D.

A certified copy of the court order for custody of the child in favour of the applicant's parent.

When Passport is applied for the minor by one parent as the other parent is not giving consent or when the passport is applied by the guardian as one or both parents are not giving consent documents such as the one mentioned below needs to be submitted:

  • Proof of present address
  • Proof of date of birth
  • A declaration confirming the particulars furnished in the application as per Annexure C.

When passport for children under 18 years of age is applied by legal guardian:

  • Proof of present address
  • Proof of date of birth
  • A declaration confirming the particulars furnished in the application as per Annexure D.
  • Court decree/order in respect of legal guardian.

 

T Kalaiselvan
Advocate, Vellore
85348 Answers
2227 Consultations

5.0 on 5.0

Your wife can change her name in the passport as per her will and wish.

If she had removed your surname and retained her father's surname, you cannot do anything about it.

Your child's passport will have the names of both the parents.

If you would like to remove her name from your passport you also can get a passport reissued .

For change of parents name in the child's passport again the reissue process to be followed by complying with the requirements as stipulated for the purpose.

T Kalaiselvan
Advocate, Vellore
85348 Answers
2227 Consultations

5.0 on 5.0

>Both parents shall be present at the PSK/POPSK while applying for passport for their minor children 

Dear Client,

. Both parents shall be present at the PSK/POPSK while applying for passport for their minor child.

.Proof of present address

.Proof of date of birth

.A declaration confirming the particulars furnished in the application as per Annexure D

.A certified copy of the court order for decree of divorce needed to submit the passport authority.

Thank You

Ayantika Mondal
Advocate, Bangalore
27 Answers
9 Consultations

4.0 on 5.0

  1. You do not need to be present in the passport office in Bangalore if you have given your consent for your son’s passport renewal. You can send your consent letter along with a self-attested copy of your passport to your ex-wife, who can submit it on your behalf.
  2. The passport office may ask for the divorce decree as a proof of your marital status and custody arrangement. You should carry the original and a self-attested copy of the divorce decree along with other documents.
  3. If the divorce decree is in Hindi, you may need to get it translated into English by a certified translator and get it attested by a notary public or a gazetted officer. You should also carry the original and a self-attested copy of the Hindi divorce decree along with the translation.
  4. To get the divorce decree translated into English, you can contact a certified translator or a translation agency that provides legal translation services. You can find some online translation service providers here. You should also check the translation for accuracy and completeness before getting it attested.

Regarding your ex-wife’s name change and its impact on your son’s passport, here are some points to note:

  • Your ex-wife’s name change will not affect your son’s passport renewal, as long as you have given your consent and provided the required documents.
  • Your son’s passport will have his own name and surname, which may or may not match with your ex-wife’s new surname. You should ensure that his name and surname are consistent with his other identity proofs, such as Aadhaar card, birth certificate, etc.
  • You can take your son to foreign countries with his passport, as long as you have his consent letter from your ex-wife and a copy of her passport. You should also check the visa requirements and travel restrictions of the destination country before travelling.
  • Your passport will remain valid until 2027, regardless of your ex-wife’s name change. However, if you want to update your marital status and remove her name from your passport, you can apply for reissue of passport and provide the divorce decree as a proof.

 

Muraleedharan R
Advocate, Trivandrum
373 Answers
2 Consultations

5.0 on 5.0

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