Passport for Minor_Single parent_without custody order

Hi, I had filled for divorce in 2013 and received the court order in the year 2015. I was separated since 2012. The man i was married was never bothered about the court order and the case filled. Not even, concerned on his daughter till date. The case was closed on ex-party judgement. Further, i had filled for 'Child Custody' in 2015 but later, since there was no progress on this case and my lawyer suggested i will always have the custodial rights because its a girl child, I had withdrawn the case few months ago this year (2018). While now, i had applied for my daughter's passport and the officials stated 'custody order' is mandatory to grant the request. They have moved the application to Bangalore central passport office and its on hold. I cant either re-start the case or get the father's consent on the application. We have a life ahead and i just cant fight my best part of life and let go of what we desire. It maybe just emotional to the law but, the man who throw us out is living a peaceful life. Please advise on how can i attain my daughter's passport immediately.