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Child’s Passport can now carry Stepfather’s Name, says Punjab and Haryana High Court

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Chandigarh, November 25, 2016: The High Court of Punjab and Haryana gave a ruling on Wednesday that a child’s passport can carry the stepfather’s name without a declaration by a court, appointing him as a legal guardian.

The ruling came on a petition filed by Mohit (26), as the authorities refused to issue him a passport with his stepfather’s name.

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According to PTI, “The court observed that the marriage of Mohit’s biological parents, S M Arora and Nirmal Arora, was dissolved by a decree of divorce in 1996 by a court in Delhi and his custody was handed over to his mother, who re-married Ujjal Singh in 1997 and got their marriage registered at Panipat.”

In Mohit’s Aadhaar card, PAN card, ration card and school certificates Ujjal Singh’s name was “recorded as father”.

Representational image. Wikimedia Commons
Representational image. Wikimedia Commons

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Mohit applied for a passport with his stepfather’s name. However, the authorities, relying on Chapter 8 of the Passport Manual Act, 2010, denied him a passport in the name of his stepfather.

The Act states that the name of one’s stepfather cannot be mentioned in the passport, not even on re- marriage after divorce, until and unless he is appointed by the court as a legal guardian.

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Justice Rakesh Kumar Jain said “the stepfather of the petitioner is his legal guardian for all intents and purposes for which there is no need to obtain an order from the court for his appointment as legal guardian until and unless the capacity of the stepfather, acting as a legal guardian, is challenged by the biological father, especially in a case where the custody is handed over by the court to the mother.”

He ordered the authority to issue to Mohit’s passport bearing his stepfather’s name in a month.

by NewsGram team with PTI inputs

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India Continues Engaging With USA Over H-1B Passport Issue

India is closely engaged with the US administration as well as the US Congress on this matter.

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As Trump proposes changes in H1-B visa, India continues to engage with US

India is continuing to engage with the US over the H-1B visa, largely availed of by Indian IT companies, after the Trump administration proposed changes to the programme, a senior official said on Thursday.

“It is a very important topic for us and that is the reason why we have time and again at various levels, we have taken up this matter with the US side,” External Affairs Ministry spokesperson Raveesh Kumar said in response to queries by journalists here.

Kumar said that most recently, the issue was raised during the first ever India-US 2+2 Ministerial Meeting held here last month that was attended by External Affairs Minister Sushma Swaraj, Defence Minister Nirmala Sitharaman, US Secretary of State Mike Pompeo and Defence Secretary Jim Mattis.

On Wednesday, the US Department of Homeland Security (DHS) said that the US Citizenship and Immigration Services (USCIS) plans to come out with its new proposal by January 2019.

India n Passport
It will also “revise the definition” of employment and employer-employee relationship to “better protect” US workers and wages Flickr

The DHS said it was also proposing to remove from its regulations certain H-4 spouses of H-1B non-immigrants as a class of aliens eligible for employment authorisation.

The move to end the rule could have an impact on more than 70,000 H-4 visa holders, who have work permits.

The H-4 visas are issued by the USCIS to immediate family members (spouse and children under 21 years of age) of the holders of H-1B visa.

The DHS said it will propose to revise the definition of speciality occupation to increase focus on obtaining the best and the brightest foreign nationals via the H-1B programme.

It will also “revise the definition” of employment and employer-employee relationship to “better protect” US workers and wages, the DHS said.

Donald Trump, India
President Donald Trump speaks about immigration alongside family members affected by crimes committed by undocumented immigrants, at the South Court Auditorium on the White House complex, June 22, 2018, in Washington, VOA

In his remarks on Thursday, Kumar said that India is closely engaged with the US administration as well as the US Congress on this matter.

Stating that there are certain bills which have been introduced, he, however, said that “it is important to note that none of these bills have been passed so far”.

“When we have engaged with the US, we have emphasised that our partnership which we have in the digital sphere have been mutually beneficial,” the spokesperson said.

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“We have highlighted the role which has been played by the highly skilled Indian professionals who have actually contributed to the growth and development of the US economy,” he stated.

“And also they have helped the US to maintain a competitive edge in the world towards innovation and science and technology.” (IANS)