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Divorced from husband, applying for OCI for myself and minor

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valsad
Junior Member
Posts: 65
Joined: Sun Apr 20, 2008 11:44 pm
India

Divorced from husband, applying for OCI for myself and minor

Post by valsad » Thu Feb 19, 2015 9:30 pm

Hi,

I am helping my friend to fill her OCI form.

She is divorced from her husband and is applying for OCI based on her surrender certificate for herself and their minor child.
In this case, does both mother and father (even if divorced) has to sign in part B for minor or just mother has to sign.

The HCI/CGI website says 'ParentS consent letter is mandatory'. Does that means both parents have to sign on the same consent letter.
If so can someone please share the format for consent letter and also if someone in similar situation has gone through this process can please share their experience.

She is not in possession of custody letter and its given to tax office for some reason.

Thanks

ban.s
Moderator
Posts: 1981
Joined: Sat Jan 14, 2012 9:21 pm
Location: The Big Smoke

Re: Divorced from husband, applying for OCI for myself and m

Post by ban.s » Fri Feb 20, 2015 9:54 am

The custody letter is important - can't she ask the Tax office to return it? or apply for another copy?

Mauser1905
Member of Standing
Posts: 311
Joined: Mon Jul 02, 2012 10:35 am
Location: NE Scotland

Re: Divorced from husband, applying for OCI for myself and m

Post by Mauser1905 » Sat Feb 21, 2015 10:26 pm

Is the custody for the minor child sole custody with all rights or is it shared responsibility?

If It is sole custody then she is by law not required to obtain consent from ex. However HCL website may not cover faq for such a case.

In case if it is shared then she will have to obtain consent from ex.

The custody letter is very important document and photocopy or certified true copy should be sent to other departments. Unless original demanded.

valsad
Junior Member
Posts: 65
Joined: Sun Apr 20, 2008 11:44 pm
India

Re: Divorced from husband, applying for OCI for myself and m

Post by valsad » Tue Feb 24, 2015 5:22 pm

Thanks Mauser1905 and Ban.s for your reply.

She will get custody letter back from tax office in few weeks and then will be able to read what it says on it.
Unfortunately she didn't kept a copy with her....

In the meantime, she has applied for her OCI and will sort out her minor child at later date.

Mauser1905
Member of Standing
Posts: 311
Joined: Mon Jul 02, 2012 10:35 am
Location: NE Scotland

Re: Divorced from husband, applying for OCI for myself and m

Post by Mauser1905 » Wed Feb 25, 2015 3:51 pm

valsad wrote:
She will get custody letter back from tax office in few weeks and then will be able to read what it says on it.
Unfortunately she didn't kept a copy with her....
Hope your friend sorts the applications in smoothly manner. And also hope she learns a lesson or two in important documents record keeping!

regards

valsad
Junior Member
Posts: 65
Joined: Sun Apr 20, 2008 11:44 pm
India

Re: Divorced from husband, applying for OCI for myself and m

Post by valsad » Wed Feb 25, 2015 3:57 pm

Totally agree, some people are just not good at keeping copies/maintaining records in this technologically advanced age..

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