Legal Question in Family Law in India
I was in love with a girl since 1993, and this was mutual,We had planned to get married in february 2003 with or without our parents or families consent but the relation was not accepted by law under Hindu marriage act as she was my paternal couse, We had informed our parents in 2003,they strictly opposed the marriage or the relation, being practical they discussed and said no law will allow this relation.In 2003 January when my passport came up for renewal I had input my spouse's Name as her name, and it was accepted by the passport authorities as at that time and they had not asked for any any documents, i was sure that the marriage would occure some how, When my renewed passport was received by me, it came with the spouses name as her name. Later My relations with our entire family got spoiled because i got involved in such a relation and my parents relation got spoilt in our whole family, the marriage never occured as nobody supported it and nor was it supported by law.In 2007 the girl was married to another person now they have two childre as well. I am not sure weather her husband is aware of her past issue.. I never met or spoken to her or her family after that.
My passport was due for expiry in January 2013, i put and application for renewal of passport with a request for removing the spouse name, I looked up the website and found annexure K, it did not have any points indicating how to remove the spouse name in my case, based on annexure K, i contacted a lawyer and filled an affidavit sworn in front of a judical magistrate indicating that i am single and the marriage with the said spouse had not occured as the relation was paternal realtion and it was a mistake that i had input my spouse name and if this information is found false, i would be punishable under sections of IPC, I put in a request to remove the spouse name along with the afffidavit.
The assistant passport officers are not accepting it saying that i am not saying the truth and i have to get a divorce decree,if any corrections had to be done it had to be done in 3 months, unfortunately I forgot the mentioning of the spouse name in the passport, it completely skipped my mind as i had never used my passport for any requirements, Divorce decree or anything like that is not applicable as the marriage itself has not occured. they said My relatives or her parents do not entertain any of my requests for assistance due the incident. The marriage did not occur and it could not have occured even if myself or the girl wished how ever strongly.I understand, the information that i had provided then to passport office now is false as the marriage had not occured, it was not my objective, I was then pretty sure i will find a way to have the marriage occur when input the spouse name in the passport, I had stepped back from the relation in the end of january 2003..If the marriage had occured this would not have been an issue, ufortunately, i am in a fix now, I tried to convince the passport authorities,i had submitted an affidavit sworn in front of a judicial magistrate accepting any penal action if my information is false,My objective at that time was not to deceive the law or is it now, i just want to close the issue and move on in life.
I have full respect for our law, I am sure there is a reasonable way out which i am not aware Even if the passport expires, i cannot take a second passport, without spouse name as i have to renew the old one, nor can i have a new passport when i have an existing one, it will be deciving again..It was a honest mistake, no documents were asked then in 2003 as it is now.
I had submitted the affidavit based on Annexure K of the passport act, but it was of no help as of now..
I have been single and have moved on in life with work and home, i want the spouse name to be removed from the passport, I tried for answers but I am not getting any on how to resolve this. please help/advise
2 Answers from Attorneys
it is very tough but possible to remove your wifes name.
so better to contact any local lawyer or mail your details at [email protected]
i agree with Adv Grover.