Legal Question in Family Law in India

yes, you can get the passport on the basis of decree of divorce but before taking the child out, u need permission of your ex husband. he can legally object you taking the child out. in case he is in america, you can take the child out anywhere in the world but in case he is residing in india, you may have to seek court orders for taking he child out of country.

i think earlier too, you had put in question related to claim of custody by father.

my questions are these "

can i get a passport made for the baby without his signature by presenting my divorce document,

Yes you can get the passport without the signature of girl's father, your ex-husband by attaching a decree of divorce and filing an affidavit that you have the lawful custody of the child.

once the passport is made is there any rule which can seize the babys passport once its made,

No, the passport once made can be seized only due to illegal activities and not on any one's request.

also i was intending to visit my brother for 15 days if the passport gets made can he legally take objection to it?

If the 15 days you plan to visit do not clash with the days of visiting of father, you may visit your brother without seeking or informing him.

also,is it a must for the father to give in his signature ?because he does not intend to sign and is not willing to for any other documents as well what procedure can i follow?

You do not need his signature, so why even bother. His willingness is not even required. You are now divorced. Your decree of divorce is the answer. But if your decree of divorce by the court says that you cannot leave the country without informing your husband then that will apply otherwise not. so, do not worry.

rite now the baby is with me having her name on my fathers ration card.

This is a positive note and is in your favour. You will attach a copy of the ration card along with decree of divorce and affidavit along with passport form.

please advbice i am depressed.

Why are you depressed? You have no reason to be depressed. Have faith in God! Have faith in system! Relax. Apply for the passport. Get visa and fly.

also he holds an american passport with dual citizenship

this fact is irrelevant for child passport.

i hold an indian passport the baby was born in india at my parents place,

A good point for child's passport. It is a point in your favour.

The answers to your queries are as follows which would clear doubts as well .

1) Yes you can get the passport made without your husbands signature.

2)There are no laws which would allow to seize your daughters passport but you have to take permission from the court as the visitation rights of your husband would be infringed and just to accommodate him at later stage.

3) Father signatures are not required in your case as you have got the custody of the child from the court.

There is no Dual citizenship ,your husband would be having OCI card ( Overseas citizen of India ) which is like a Green Card .

you can get the passport without the signature of your husband but you have to take the permission of the court before living the country