In line with my previous 2 queries, I would like to get clarification whether the applicant for passport for my minor son 3 years of age, can be done by me , I am his mother and I am an OCI card holder and the Indian biological father is no more in the picture and not in touch after the mutual consent divorce by Court decree and the permanent custody of the child is with me who is his mother, or is it necessary that the applicant who signs the passport application form on behalf of the minor child needs to be an Indian citizen. Kindly clarify as the RPO at the passport office is forcing me to provide a legal guardian of an Indian citizen authorised by high court to be the applicant on my behalf and apply for my child's passport. Kindly state the relevant sections too. Thank you
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the online application form permits provides that applicant may provide name of father or mother or legal guardian ie only one parent and not both
2) where custody of child has been given exclusively to one parent without visitation rights to other parent the question of obtaining consent of other parent would not arise . certified copy of court order has to be enclosed to application and annexure c signed by single parent
Whether the applicant who should apply on behalf of the OCI mother should be a blood relative or any friend who is an Indian citizen is good enough. In this case the father who is an Indian citizen is not available and the mother is an OCI card holder who the passport office says cannot be the applicant for her son's passport. So who can be the legal person who should apply?The Maternal grandparents are also OCI card holders for your information. Kindly advice accordingly.
only the parents or legal guardian can apply for minor passport
friend cannot apply
unbale to find any law which states mother cannot apply for minor Indian passport if she is an OCI
Yes you can apply for his passport
If the court has granted the custody of your child to you by an order and judgment then the copy of the judgment should suffice to prove that you are the legal custodian of the child and you are eligible to sing the application for passport of your child.
The court judgment is the legal document to prove the requirement of the passport authorities, if they still refuse to accept your application you may ask them to give it in writing so that you can file a writ petition before high court seeking direction to the passport authority to accept the application signed by you for issuing passport to your minor child
You are not informing the proper details of what has been transpired between you and the passport official who is not accepting the application.
Did the passport official give it in writing that he will accept your application for issue of passport submitted on behalf of your minor child even after you attaching the copies of the court decree and judgment stating that your marriage with your ex spouse was dissolved by a decree of divorce and the child custody has been given to you?
Have you tried to get an appointment with the higher officer of the department to explain your plight that you are experiencing with this official?
If you are not getting proper response from the RPO also then you can approach high court with a writ petition seeking relief and remedy instead of doing any other thing merely because of any misleading information rendered by various people/sources.
Dear client until and unless you son becomes a minor he is parents have polaright over him there for you can obviously well an application for his passport
