LawRato

Giving passport of daughter to wife


05-Feb-2026 (In Divorce Law)
Hello, I have filed for contested divorce against my wife on grounds of mental cruelty. The wife is not willing in giving me divorce and is using my 4 yr daughter as a pawn to bring me back. She has filed a petition under section 151 crpc asking for passport of daughter which is currently with me. I have accepted it in writing that I have my daughter passport. Should I give it back to her? Or should I deposit it in court? Can I use the passport as leverage to my divorce and custody case?
Answers (5)

Answer #1
631 votes
The minor child’s passport belongs to the child and not to either parent. Since custody is under dispute, keeping it may appear mala fide. The correct and fair step is to deposit the passport before the Family Court to show good faith and genuine concern for the child’s welfare. This will protect your legal position in the divorce and custody matter and prevent any adverse observation. Using the passport as leverage is not advisable, as it may be seen as coercive and against the interest of the child.
Helpful? LawRato LawRato
Advocate Nikhil Karwal

Adv. Nikhil Karwal

LawRato Delhi | 25+ Answers
Chat with Advocate Nikhil Karwal Chat 
Answer #2
635 votes
Hi there, you should deposit it in court. As the document is sovereign in nature keeping it with you or giving it back won't affect your case much. However, based on the history and facts of your case we can look into available options regarding the use of it for your benefit. It's advisable to contact me and provide more details to assist you better.
Helpful? LawRato LawRato
Advocate Ishan Parashar

Adv. Ishan Parashar

LawRatoDelhi | 200+ Answers
Chat with Advocate Ishan Parashar Chat 
Answer #3
605 votes
First and foremost,you should deposit child’s passport with the court, as withholding a passport of the child is unlawful, as seeing the given scenario you don’t have the custody of the child. Therefore, it is advisable to deposit the passport rather than using it as leverage, as the same can land you in adverse scenario. For further and elaborative discussion please feel free to contact.
Helpful? LawRato LawRato
Advocate Jia Kapur

Adv. Jia Kapur

LawRatoDelhi | 200+ Answers
Chat with Advocate Jia Kapur Chat 
Answer #4
898 votes
A child’s passport is not leverage. Withholding it can be seen as obstruction. To protect your stance, deposit it in court rather than giving it to her directly. This shows transparency and legal compliance.
Helpful? LawRato LawRato
Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoDelhi | 50+ Answers
Chat with Advocate Pankaj Bajaj Chat 
Answer #5
536 votes
Withholding a child's passport as leverage is legally risky. The strategic move is to deposit it with the Family Court under Section 151 CPC. This shows bona fide intent while ensuring the child cannot be taken out of jurisdiction without court permission.
Helpful? LawRato LawRato
Advocate Yash Ajmani

Adv. Yash Ajmani

LawRatoDelhi | 25+ Answers
Chat with Advocate Yash Ajmani Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato