“ you should Apply for Fresh Passport/Re-issue” of passport for reflecting your status as separated
submit all documents in support of your marital status
I got married a few years back. I never stayed with my husband. I never changed my last name or any other documents like my Aadhaar or PAN card. I applied for divorce last year. I am still in the process of getting a divorce. During this time I needed a passport for my work. I selected 'single' as my status in the passport form instead of selecting 'separated'. I didn't add my husband's name to it. I got my passport a few months back. I was talking to a friend yesterday who told me that I had to select separated as my status, and not single. I was not aware of this. My passport doesn't show my status, because there is no Relationship status field in it, so I can't get it changed. Do I need to be worried that I should have selected separated as my status in the form? How should I approach this situation? Also, I need to travel to another country that has a visa on arrival for a few days. What should I do?
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“ you should Apply for Fresh Passport/Re-issue” of passport for reflecting your status as separated
submit all documents in support of your marital status
Knowingly furnishing any false information or suppressing any material information with a view to obtaining a passport or travel document is an offence under Section 12 (1) (b) punishable with two years imprisonment and fine upto 5K or both. Your status is “married,” not “separated” as separated means judicially separated not just living separately. A spouse can claim “separated” only in case the other spouse deserted him/her immediately conception and there was no legally valid marriage between them. In your case a valid marriage is admitted as divorce proceedings are pending. You can apply for reissue of passport with correction in marital status as it was innocent error.
Under amended Rules, you have to pay pay penalty of Rs. 2500/- under Section 12 (1) (b) entry XII for not disclosing correct marital status and case is pending regarding marital dispute. Not more than that and get the information corrected seeking reissue of passport.
Under amended Rules, you have to pay pay penalty of Rs. 2500/- under Section 12 (1) (b) entry XII for not disclosing correct marital status and case is pending regarding marital dispute. Not more than that and get the information corrected seeking reissue of passport.
Apply either for a corrected/ new passport stating that at the time of applying for passport, by oversight you had ticked single, and it should be changed to 'seperated'. You would not face any problem by following the above.
Now with the change in the rules, applicants for Passport need not submit the marriage certificate or divorce decree if they are separated or divorced. The applicant also doesn't need to mention the name of the former spouse in the application.
You have stated that your name in the aadhar remains as the same i,e., your maiden name alone, hence the details furnished by you in the passport application are matching or tallying to the personal details that are available in the aadhar card. Therefore there can be no fault on your side for having given your status as single in the passport application.
The applicant is now required to mandatorily furnish the details of his/her Aadhaar while applying for a Passport.
Details of the person such as their name, age, marital status, address etc. are required for a passport. Although the details are based on what is filled in the application form for a Passport, if it is a renewal, then there is nothing wrong in incorporating the same details that were available in the previous passport especially if the same are matching the details found in the aadhar card.
- Under Section 12(1) (B) of Passport Act, in case the applicant does not disclose correct marital status, and as case is registered regarding marital dispute, then there is penalty for Rs.2500/- for the offence of suppression of information.
- However, the Delhi high court has said that the passport authority cannot impose penalty on a person who has unknowingly produced false information while applying for the document, and before penalizing an applicant it has to be proved that the person has knowingly provided false information while applying for passport.
- Since, your divorce case in process, and the passport is issued as single then later on it create trouble
- However, you are suggested to write an application before the Passport officer after mentioning that , since your divorce case was going on at the time of applying for Passport , hence due to forgoing tension and mental agony , you have committed this mistake , and now want to corrected the same.
You can apply for re-issue of password wherein you can get the said details rectified.
As the said mistake was done inadvertently, you would not be asked to pay any penalty.