My friend applied for a passport for her minor child, she has been legally divorced with a court order stating that she has full custody of the minor with visitation rights to the ex husband, When she went to the passport office, they said they cant process the passport without the consent of the husband, although the court has decreed she has the sole custody of the child, the passport officials refused to agree to this and has forwarded the application to the ARO by putting it on hold. Advice is required as to what is her right when she goes to the ARO, and whether she can be legally represented by a lawyer to argue her case with ARO
Also we have filled the annexure G but was informed that it needs to be attested by judicial magistrate or an executive magistrate, need help with regard to the above question and procedure for attestation in bangalore
Asked in Constitutional Law from Bangalore, Karnataka
1) although mother has been granted custody of child after divorce husband has visitation rights
2) under the circumstances passport for minor would not be issued without biological father consent
3) mother can engage lawyer to represent her before ARO
4) yiu can engage any lawyer in Bangalore for guidance in atteststaion procedure in Bangalore
The full custody alone shall not disentitle the biological father from giving his consent for the child's passport or visa process.
The consent of the biological father is essential for granting passport to the minor child.
The sole custody is not bar for the biological father having an access to the child.
He can very well challenge and seek custody of the child at any stage later on when the child turns 5 years old owing to the change in the circumstances.
Why is the mother so adamant to not to get the consent from the child's biological father?
Why not she issue him a notice to give his consent for passport which is in the interest and welfare of the child?
If need be she can take the help of a lawyer to accompany her to the ARO for further enquiry/process.
For attestation by a judicial magistrate, she has to approach the magistrates of any of the metropolitan magistrate courts located in Bangalore or has to approach the Tahsildar's office within her jurisdiction for getting it attested by an executive magistrate.
ok, since it is established fathers consent is required, next points would be:
1) does the father have to be physically present with the mother and child at the ARO to give consent or just a NOC on plain paper or some other form is enough? (scenario: the father is not physically present in the country) or some kind of affidavit signed by the father will suffice?
2) What major role can the Lawyer play at ARO?
3)as to whether the mother is adamant or not is irrelevant! as she does not want to involve her ex husband in the process, if at all involvement is absolutely mandatory wants to keep it a bare minimum and wants to avoid direct contact.
4) Need reference of lawyers in Bangalore, who can help with the overall process.
Asked 10 months ago
1. How will this NOC be authenticated. The father may give a NOC in the form of an affidavit duly notarised if acceptable to the authorities, or you can follow the guidelines as instructed by the passport authority
2. A lawyer's presence may make the authorities to be little considerate enough while explaining the law involved in it or else you may not even be able to understand the technical legal terms.
3. There can be no sentiments to be placed above law.
One cannot take law for granted due o their emotional or sentimental issues or their disputes or feuds.
It will become a duty to follow the law in this regard, whatever it may be.
4. You have to look for one yourself, you may select one from this forum too.
1) affidavit from father that he has no objection for issue of passport would suffice
2) you don't need lawyer to appear before ARO
3) personal presence of father is not necessary
4) search on this website for lawyers from Bangalore
as to whether the mother is adamant or not is irrelevant! as she does not want to involve her ex husband in the process, if at all involvement is absolutely mandatory wants to keep it a bare minimum and wants to avoid direct contact.
If the biological father is not willing to give his consent or NOC to obtain passport for the minor child, as suggested earlier, you may give him a notice by registered post stating that in the interest of the welfare and future interest of the minor child, it is pertinent for him to either appear before passport office on the date mentioned therein and express his consent or NOC for the child obtaining passport or can type out an affidavit expressing the same and the duly notarised affidavit may be tendered by registered post to the passport office at the earliest to reach his office within the date stipulated to enable the mother of the minor child to obtain passport on behalf of the minor. t
If the father is not responding even after receiving the said registered letter, a detailed letter in the form of an affidavit may be submitted along with the application before the ARO for considering the application without his consent or NOC on the basis of divorce decree and the court order for custody of the child.
The authorities on being convinced about the genuineness and also when all other formalities have been duly complied with, may consider and pass orders for issuance of passport using their discretionary power.
1. The passport office is right.The court decree has only awarded the custody of child to your friend but it does not uproot the legal and biological relationship between the child and his father.
2. If, however, the father does not consent to the passport application form then appropriate directions can be sought from the court.
1. Without the personal presence of the father the application is unlikely to be processed. However, he may sign the NOC and send it to the mother of the child.
2. Lawyers have a very limited role to play in Passport Office.