NRI Passport & NRI Support: Single Separated Parent Cases
Passport applications for minors often intersect with sensitive family circumstances. One such situation arises when a married parent has terminated the relationship with the other parent but has not obtained a formal divorce.
In these cases, Indian passport rules provide a specific mechanism to safeguard the child’s rights while ensuring procedural compliance.
Legal Light Consulting specializes in guiding NRIs through these complex scenarios, offering clarity on documentation, affidavits, and custody requirements.
Key Rule for Single Separated Parents
- If one married parent has ended the relationship with the other parent without a formal divorce, the custodial parent can still apply for the child’s passport.
- The custodial parent must submit an affidavit in the format of Annexure G, sworn before a Judicial Magistrate/First Class Judicial Magistrate/Executive Magistrate.
- This affidavit serves as a legal declaration of custody and separation, enabling the passport authority to process the minor’s application.
Practical Implications for NRIs
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Custody Recognition: Even without a divorce decree, custody can be recognized through Annexure G.
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Child’s Rights: The child’s access to identity documents is protected, preventing obstruction due to marital disputes.
- Legal Safeguard: The affidavit ensures that passport authorities have a sworn statement to rely on, reducing risk of misuse.
FAQs – NRI Passport for Single Separated Parents
Q1. Can a minor’s passport be issued if parents are separated but not formally divorced?
Yes. The custodial parent can submit Annexure G affidavit sworn before a Judicial/Executive Magistrate to support the application.
Q2. What is Annexure G?
\Annexure G is a prescribed affidavit format used when one parent applies for a minor’s passport in cases of separation without formal divorce. It declares custody and explains the absence of the other parent’s consent.
Q3. Who must sign Annexure G?
The custodial parent must sign and swear the affidavit before a Judicial Magistrate/First Class Judicial Magistrate/Executive Magistrate.
Q4. Is a divorce decree mandatory for minor passport issuance in such cases?
No. A divorce decree is not mandatory if Annexure G affidavit is provided.
Q5. What documents accompany Annexure G?
- Child’s birth certificate.
- Custodial parent’s passport/ID.
- Proof of residence.
- Annexure G affidavit sworn before the Magistrate.
Q6. How does Legal Light Consulting assist NRIs in these cases? We provide:
- Guidance on drafting and notarizing Annexure G affidavits.
- Support in preparing custody-related documentation.
- Liaison with passport authorities and consulates abroad.
- Advocacy to ensure the child’s rights are prioritized despite marital disputes.
Conclusion
For NRIs, separation without formal divorce can complicate minor passport applications. Annexure G provides a clear legal pathway for custodial parents to secure their child’s passport, ensuring identity and mobility are not obstructed.
Legal Light Consulting offers end-to-end support, from affidavit preparation to consular coordination, safeguarding both compliance and the child’s welfare.
