Legal Question in Family Law in India
hi, i am indian woman,33yrs old, when i was in my teen age i got married, having 11yrs old son now, when my child was one yr, i got divorce on mutual base from lok adalat-india., later i concentrated on my career n child, in 2008 i came to UK for my further studies, after coming here i got married with an indian. later i have changed my visa status from student visa to dependant visa, now i am depandant to my husband-he is on tyre-1 visa., i want to take my son here for two months in summer, but he donot have passport and visa, i dont like the father's name in the passport should be my x-husband name, it should be my present husband name or else just with my name as single mother, is it possible..how can i get a passport n visa to my child? should my husband adopt him??should we go back to india for this?? what is the process??please help me regarding this..thanks in advance.
4 Answers from Attorneys
a passport solely on ur name, showing u as a single mother is possible and you need to annexe certified copy of divorce along with application for passport for your son. you cannot change the name of father without written consent of natural father but passport can bear your name only as a mother/guardian of the child.
Your divorce order must be studied first to advise on the legal effect of it.
Adoption if any, will have to be in accordance with Indian law as the child is an Indian- Hindu.
Even if you dislike, the name of natural father will have to appear on the Passport and it does not mean in any way that your ex has any hold over your child.
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