By virtue of having Indian father, your son is Indian citizen. Your son is entitled to Indian passport. You need to submit declaration in Annexure C of Passport Rules1980 with Court decree/order. Even after that, passport is not issued you approach High Court of Madras making RPO and MEA Government of India as party. A direction will be issued by High Court to RPO.
Passport issue
I am an OCIvcard holder married to an Indian citizen and having a boy child who is 3 years old. I got divorced one year back and hold full and permanent custody of my child. The father who is an Indian is no more in touch with us and does not even hold any visiting rights and the child is in my total custody as per the legal court decree. I wanted to apply for an Indian passport for my son under the basis that one parent(his biological father) is an Indian and also the child was born here in Chennai City and we live here as I am working here and also a taxpayer here. When I approached the Regional passport office they have not accepted my passport application and are not able to provide any reason for not accepting the application and simply state that only an Indian passport holder can apply for the child. I am an OCI card holder, which means I am overseas citizen of India with right to work and live in India like any other Indian citizen and travel outside for work or vacation purpose with my child and I am not able to do that as my child is denied a passport. Can you please guide with the right answer and help me with a way to apply for a passport for my baby. Thanks
Asked 2 years ago in Civil Law
8 Answers
Kindly guide with legal section numbers and clauses and who i should approach to solve the issue as the regional passport officer in chennai is neither accepting the application for passport issuance nor giving me a rejection letter so that I can take it up legally with the high court. This way they are trying to play safe but my case stands unresolved. I would like to emphasise that the biological father is not in touch with me or the child after legal divorce has been granted by the court.
Asked 2 years ago
File writ petition in HC to direct passport authorities to process application for issue of passport to your son as he is born in india and an Indian citizen
“A person born in India on or after 3rd December 2004 is considered citizen of India by birth if both parents are citizen of India or one of the parents is a citizen of India and the other is not an illegal migrant at the time of his birth. Section 3 of Citizenship Act.” This is sufficient for your son to obtain passport. Submit the application with lawyer's notice seeking approval for passport. Thereafter file a writ petition in High Court of Maras. Advocate will file it under Article 226.
The passport authorities cannot deny to issue passport to your child in India because he is an Indian born and he is certainly an Indian citizen, more important is that his biological father is an indian citizen.
Besides you have a court order for full custody of your child and your marriage with your husband was dissolved by a decree of divorce through an Indian court.
Therefore you can file a writ petition before concerned high court seeking dir3ction to the passport authorities to issue passport to your son in India
You can file a writ petition before High court Madras, through an advocate who practices in Madras High court invoking article 226 of the Indian constitution;
The relevant rules under which you can seek the relief against the passport officer to issue the passport to your Indian citizen minor child is given below:
Section 3 in the Citizenship Act, 1955
1[3. Citizenship by birth.—
(1) Except as provided in sub-section (2), every person born in India,—
(a) on or after the 26th day of January, 1950, but before the 1st day of July, 1987;
(b) on or after the 1st day of July, 1987, but before the commencement of the Citizenship (Amendment) Act, 2003 and either of whose parents is a citizen of India at the time of his birth;
(c) on or after the commencement of the Citizenship (Amendment) Act, 2003, where—
(i) both of his parents are citizens of India; or
(ii) one of whose parents is a citizen of India and the other is not an illegal migrant at the time of his birth, shall be a citizen of India by birth.
Dear client I am sorry to hear that but in this case you can approach the embassy and apply for the passport
file RTI application with RPO as to why your passport application for minor son has not been processed till date
File a writ petition in HC
