• Divorce thru mutual consent.

My sister is getting a divorce from her husband thru mutual consent agreement. We are not planning to take any alimony or any financial help from her husband as we don't want to maintain any connection with her husband anymore. 

We might in the future require my sister's kids to be taken overseas for vacation or settlement , how can we structure the agreement so that in future we do not need to get the consent of the father for the children's' passport , the children are 11 and 7 years old , a boy and a girl respectively. 

Please let me know if we need to do any thing else besides the mutual agreement to be able to apply for the children's passport in the near future, the children do not have a passport now. 

To be more specific we are a Muslim family, so that you can give us your opinion by taking Muslim personal law into the equation if you have to.
Asked 1 month ago in Family Law from United States
Religion: Muslim
1) in consent terms it should be mentioned that wife shall has  sole custody of children and husband shall not have visitation rights of the children 

2) better apply for children passport during subsistence of marriage 

3) if wife apply after divorce passport office would insist on biological father consent 

4) in consent terms it can be mentioned that husband has no objection to wife applying for passport for the children 
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
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1) in consent terms it should be mentioned that mother has sole custody of the child and husband will not have visitation rights 

2) in such a case passport office may not insist on husband consent 
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
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Dear Querist
as per Passport rule, Annexure- G & H is mandatory form for obtaining the minor's passport in which there are three option father, mother and legal Guardian. in annexure-G, it is a procedure for filing the passport without the consent of one party.
read the below:

ANNEXURE ‘H’
SPECIMEN AFFIDAVIT/DECLARATION BY APPLICANT’S PARENT(S) OR
GUARDIAN FOR ISSUE OF PASSPORT TO MINOR
(On plain paper)
I/we, ……………………………...................... resident
of ……………………………………hereby affirm that the particulars given below
are of …………………(name of the child), son/daughter of
Shri …………………………..and Smt ……………………. of whom I/we am/are the
parents /guardian.
Particulars of minor child
Name :
Date of birth :
Place of birth :
2. The minor child mentioned above is a citizen of India.
3. I/We undertake the entire responsibility for his/her expenses.
4. I/we solemnly declare that he /she has not lost, surrendered or been
deprived of his/her citizenship of India and that the information given in respect
of him/her in this application is true.
5. It is also certified that I/we am/are holding /not holding valid India
passport(s).
Place:
Date
Signature of father
Passport No. ...............; or
Aadhaar Card No….....; or
Voter ID Card No…...…;
Signature of mother
Passport No. .............; or
Aadhaar Card No…....; or
Voter ID Card No…...…
Signature of legal guardian(s)
Passport No. .............; or
Aadhaar Card No….....; or
Voter ID Card No…...…
 

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3533 Answers
130 Consultations
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Annexure ‘G’
Declaration by applicant parent or guardian if passport is for minor when
one parent has not given consent
(In the form of a sworn affidavit before Judicial Magistrate or Executive
Magistrate on non-judicial stamp paper of minimum value)
I/We ………………………………………………………………… (Name
of the Parent/Guardian applying for passport) solemnly declare and affirm the
following:

1. That I/We am/are the mother/father/parents/guardians of
………………………………………………………….. (name of the minor
child) who is a minor child and on whose behalf I/We have made an application
for his/her passport.
2. Signature/Consent of Mr/Mrs ………………………………………………
(name of the father/mother) who is father/mother/parents of the child has not been
obtained by me for the following reasons:
3. That I/We only am/are taking care of ………………………………………
(name of the minor child) and he/she is exclusively in my physical custody.
4. I/We also affirm that in the case of a court case arising due to issue of a
passport to the minor child …………………………………………… (name of
the minor child) I/We would be solely responsible for defending the case and not
the Passport Issuing Authority.
Date:
Signature & Address of the parent (s)
guardian(s) applying for the Passport
Nadeem Qureshi
Advocate, New Delhi
3533 Answers
130 Consultations
4.9 on 5.0
Hello, 

With the recent ruling in the Delhi high court that a single mother can apply for a child's passport without the father's signature, women in the same situation can also take the benifit of such ruling. However, it is advised that you should produce the relevant documents at the pass port office, depicting that the sole custody of child is with the mother now for which it is advised that you get this clause penned down in the talaknama, duly signed by both the parties.

Thanks and Regards
Anilesh Tewari
Advocate, Lucknow
23 Answers
0 Consultations
Not rated
For this you require a flawless MOU to be drafted by your lawyer. Nothing is to be done except to execute the MOU. Once the MOU gets executed and attains finality it will be the charter of rights and liabilities of both parents with respect to the custody and upbringing of kids. Muslim Personal Law has no application whatsoever if the spouses are parting their ways through mutual consent divorce. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
The consent of the biological father, even if custody has been awarded in entirety to the mother of the applicant(child), is indispensable for the passport of the child. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. Father's signature is required while applying for child's passport.

2. There can not be any legal instrument which can substitute father's signature in the passport application form.

3. If you remarry and if your children are taken in adoption by your future husband with the consent of your present husband, then only this problem can be solved and your childrens' adoptive father can sign as their father.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
1. There is no such legal instrument which can be substituted for father's signature while applying for their passport.

2. You shall have to substitute their father with adoptive father as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0

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