India  |  Family Law

Legal Question

Asked on: 7/04/13, 11:21 pm

A Indian divorce court process is ongoing with the child(US born) in custody of the mother; the defendent/mother needs to renew his passport as it has recently expired ( 5yrs+). The petitioner father of the child is not cooperating in complying to the procedure as specified by US Application# DS-3053 (to Sign,Notarize and provide with Photo-ID proof).The Mother has endeavored through her cousin brother as well as her lawyer offices to complete the Application by the childs father. How should the Mother provide evidence of endeavors in this case.Would providing the telephone numbers of the Cousin brother and the Law Offices/ Lawyer [for US Authorities to verify independently] suffice to provide for enough evidence in this case, hence enable renewable of passport of her minor son.The 3 members are presently resident in India.

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Answered on: 7/05/13, 12:31 am by KarVai Legal Solutions

what all three members are residing in India? your case requires thorough scrutiny and perusal of all the documents to guide you better. if need be, proper directors from the high court need to be sought.

Thanks and Regards

Adv. Rajiv

Delhi


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Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in Email: karvailegal@yahoo.com Delhi District Courts, High Courts, Supreme Court Delhi, 110001

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Answered on: 7/05/13, 3:52 am by Sudershan Goel

You may make an application before the appropriate Guardian Court in India for permission to seek passport renewal without signatures of the father. If the court grants you permission, the authorities may accept your request.


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Sudershan Goel - Advocate Supreme Court of India and Punjab and Haryana High Court New Delhi And Chandigarh, 110001+160

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Answered on: 7/05/13, 5:52 am by prasad patil

dear client apply for permanent custody petition in court. once u get permanent custody ofchild u will not face any problem. for any legal help call me on 9422611385

ADV PRASAD PATIL


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Answered on: 7/07/13, 7:25 am by Jayesh Desai

Your child being US born is a US Citizen.

Contact US Consulate, they would guide you, and child's' passport renewal will be governed by US laws, and not Indian laws.

Hence, Indian lawyers would not be of much help. US laws give more rights to females in this aspect, hence I believe, a single parent can also apply for renewal. Best is you contact US Consulate.


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Jayesh Desai 609 Dalamal Towers Free Press Journal Marg Nariman point Mumbai, 400021

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