aadhar number is a public documents and by giving particulars it can be extracted. As such no acceptance of father does not matter and is irrelevant.
(from mother): How can we make birth certificate and passport of girl child if his father denies to provide his required documents ( adhar card) and not accepting the child . Also mentally torturing
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aadhar number is a public documents and by giving particulars it can be extracted. As such no acceptance of father does not matter and is irrelevant.
You cannot make birth certificate, but have to apply for it before the authority concerned.
The information of the birth would have already reached the concerned authority through the hospital sources.
You may as the mother of the child can apply for issue of birth certificate by complying with other requirements but within the stipulated time period.
Once you have obtained the birth certificate you can directly apply for passport also by attaching annexure C and an affidavit declaring that you are now single parent and that you and your husband are living separately due to dispute.
You can put your details in the same. You can get his documents under RTI from any govt organisation
Are you separated from your husband
The Supreme Court has ruled that if a single or unwed mother applies for a birth certificate and files an affidavit seeking to withhold the father's name, the certificate must be issued without insisting on the father's identity
3) then apply for passport for child
You have following remedies against his mental torture
You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following remedies are available to you…
It is not easy for him to get divorce, unless you agree. If he files divorce he has to pay of alimony running into hefty sum.
It is strongly advised that you should…
Dear Client,
If the father is refusing to provide his necessary documents and thus refuses to acknowledge the child, it does not prevent you from applying for a birth certificate as long as you take your documents to the local Registrar of Birth and include a notarized affidavit explaining your circumstances. The courts and registrars do allow the process to be continued upon mother's application if the father hasn't cooperated, especially where the mother can show proof of his attitude of non-cooperation and mental harassment. For the passport, you may need to submit a similar affidavit and, in some cases, a court order allowing you a sole custody order or some parental duty for processing the passport without the consent of the father. It is better to consult a family law expert who can guide you through the whole process and file any petitions needed to protect the child’s interest. You may also think of going to the Child Welfare Committee for any condition that gets worse.
I hope this is helpful. Please feel free to reach out for any legal query.
- As per Supreme Court, Father’s name not needed for birth certificate, passport and school purposes, and it is no longer necessary to state the name of the father in applications seeking admission of children to school, as well as for obtaining a passport for a minor child.
- Further, direct that if a single parent/unwed mother applies for the issuance of a Birth Certificate for a child born from her womb, the Authorities concerned may only require her to furnish an affidavit to this effect, and must not refuse for taking admission on this ground.
- Hence, you can get the birth certificate without the assistance of his father.
If the father denies providing documents or refuses to accept the child, the mother can still get the birth certificate and passport through legal procedures.
For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.
File a complaint before the respected police station. File a divorce petition, complaint u/s 12 of domestic violence act and application u/s 125 of Crpc before the family court.
Are you legally married to him?