Legal Question in Family Law in India

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.

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

4 Answers from Attorneys

KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi

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


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Answered on 7/05/13, 12:31 am

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

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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Answered on 7/05/13, 3:52 am

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


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Answered on 7/05/13, 5:52 am
Jayesh Desai 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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Answered on 7/07/13, 7:25 am

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