How to apply minor passport if father no consent

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Under Indian Passport Rules, a minor’s passport can be issued with the consent of either one parent, provided the applying parent gives a valid reason and supporting documents. If the father is refusing consent due to personal objections, the mother has the following legal options: 1. Apply for Passport Under “Single Parent” Category • The mother can submit the application with Annexure C (Declaration by single parent/guardian). • She must explain that the father is unwilling to give consent and provide: • Child’s birth certificate • Proof of her custody and daily care of the child • Any prior communication showing father’s refusal • The Passport Office may still issue the passport after police verification if they are satisfied that the application is genuine and not for wrongful removal of the child. 2. Approach the Family Court for Permission If the RPO insists on father’s consent, the mother can file: a) Petition for Declaration & Permission to Apply for Passport The mother can seek a court order stating: • She is the primary caregiver. • Father’s refusal is unreasonable. • Court permits issuance of passport without father’s consent. The court order will be accepted by the Passport Office. 3. Seek Custody / Guardianship Orders (If Needed) If the father’s refusal is part of a larger custody dispute, the mother may approach the court for: • Permanent custody, or • Sole guardianship under the Guardians and Wards Act A parent having sole guardianship does not require the other parent’s consent for passport issuance. 4. Clarification on Travel Outside India Granting a passport does not automatically give permission to permanently relocate abroad. If international relocation is intended, separate permission from the court may be required. The grandmother’s fear of the child being taken permanently abroad is not a legal ground to block passport issuance. If you need assistance in preparing the passport application, drafting Annexure C, or filing a petition before the Family Court, our office can help you with the complete process. Please feel free to contact us for a consultation.

Advocate Venkatakrishnan A M LawRato