An Annexure is a term used for an affidavit which is submitted along with a passport application. The Indian Passport authority has clearly specified the exact format in which it accepts affidavits through its web portal. For instance, a request for a name change should be coupled with an ‘Annexure E’ and not any other affidavit for name change. The purpose of these requirements is to maintain uniform standards. It may be noted that such annexures can be used for non passport purposes as well since they are after all, affidavits.
At LegalDesk.com, we encourage you to create regular affidavits alongside passport annexures because in the event of the authorities deciding to retain any of those documents, you would lose the original copy from possession. Thus, it is always better to create additional annexures whether it is E, D, or any other annexure.
There are about fourteen different annexures starting from ‘A’ to ‘N’. Most of them may be sworn before a notary, just like any affidavit; while two of them (Annexures G and K) are required to be sworn before a magistrate and another (Annexure F) needs to be issued by any specified officials in their letterheads.
Let us examine the crucial aspect of magistrate attestation in detail. As mentioned earlier, it is Annexures ‘G’ and ‘K’ which need to be sworn before a magistrate.
Who Is A Magistrate?
For the purposes of Annexures ‘G’ and ‘K’, the document shall be accepted only if it is certified by an executive or judicial magistrate. An executive magistrate, as the name suggests is a government official with magisterial functions. Typically, members of the central or state civil services of the following ranks shall be empowered to attest the annexures:-
District Magistrate/ Additional District Magistrate/ Sub Divisional Magistrate
Tehsildar/ Deputy Tehsildar/ Additional Tehsildar
It used to be a colonial practice for administrative and revenue officers to decide cases within their jurisdiction. As time passed by, their judicial roles have shrunk.
A Judicial Magistrate, simply put, is a judge. Any judge of the rank magistrate, namely Chief Judicial Magistrate, Judicial Magistrate First Class, or Judicial Magistrate Second Class can attest an annexure in order to make it valid.
Why Magistrate Attestation?
In order to point out the need for magistrate attestation compared to the regular notary attestation, there lies a need to describe the nature of Annexures ‘G’ and ‘K’. Both deal with post-separation cases of married couples where divorce has not been obtained yet. Both involves lack of consent from the other party to a marriage. Hence, it is all the more important to make deponents accountable by making them swear before magistrates as there are higher chances of fraud otherwise. The prospect of penalisation prevents applicants from stating untruth before a magistrate which may not be the case before a notary public. Magistrates also make it a point to verify the identities of the deponents before signing and examine pending divorce papers, if any.
Let us examine Annexure ‘G’ first. It is an affidavit where a parent applies for the passport of a child without obtaining the consent of the other parent. Passport rules state that consent of both the parents is necessary in order to apply for passport for a child. Thus, it becomes important for the applicant to mention the exact cause for not obtaining the permission of the other parent. The applicant may select one of the reasons given in the format which may be foreign residence of the other parent or any of the stages of separation including judicial separation where divorce is not yet granted. The provision for magistrate attestation is mainly to protect the interests of individuals who may be unaware of their child being taken away to another country without a proper decree of divorce and an order of the court.
Annexure ‘K’, on the other hand, is for removing the names of spouses from the passport when there is no final decree of divorce. It is given under two circumstances.
- When there is a divorce suit pending
- When there is desertion by one spouse
Marriages are considered to be sacraments in Indian traditions. Once a spouse’s name is added to a person’s passport, it cannot be removed unless they are completely separated. In case there is a divorce suit is pending, the affidavit mentions that the applicant shall get the spouse’s name added if the suit is dismissed by the court. Through Annexure ‘K’, the law permits the individuals to remove their spouse’s name from the passport who do not wish to reconcile and seek permanent separation.
Then, there are instances of desertion where there is little hope for reconciliation. Thus, it is fair to relieve individuals from the burden of carrying the name of their former spouses in their passport. This is why Annexure ‘K’ exists. Swearing before a magistrate discourages applicants from making false claims to a great extent since they are considered punishable offenses.
How To Get A Magistrate Attestation?
For individuals having contacts in the district collectorate or revenue department, it would be an easy task in getting an executive magistrate attestation. If not, still it is advisable to present yourself at the offices of one of the executive magistrates mentioned above who has jurisdiction over your area of residence. It is likely that they grant you the attestation. Please note that some of the officers might refuse to sign under the belief that they would be under personal liability as in the case of Annexure F which mandates that the officer should personally know the applicant.
If you are able to convince the officer, you will have what it takes to overcome the hurdle.
The second option would be to go to the magistrate court within whose jurisdiction you reside and find an advocate who would take you to any of the magistrates present at the court. This measure can be tricky, since many courts have had circulars which bar the magistrates from attesting passport annexures. Such circulars have been issued in the wake of misuse of attestations by certain individuals in the past.
What Are The Points To Consider Before Going For A Magistrate Attestation?
- Ensure that the document is complete and only appropriate options are selected
- Carry all papers pertaining to your divorce proceedings, if applicable, along with a copy.
- Make sure the entire document is in print and not hand written in parts.
- Attach your photo for a good impression
- Do not state untruths in the affidavit. Lying under affidavit is an offence.
- Carry your identity cards in original along with a self-attested copy.
How Can LegalDesk.com Help?
The first and foremost matter of concern is the document. It needs to be precise. LegalDesk.com’s unique interface helps you select individual points to be presented while avoiding the irrelevant lines exclusively. It essentially helps you to avoid the need of printing a corrected version again after the magistrate strikes down the irrelevant matter. Half the distance is considered to be covered if the document is legally correct. Any magistrate attestation is upto the discretion of the magistrate. If you are able to present your genuine case, you are almost there. Remember that we will be there guiding with your document requirements as you inch towards a successful magistrate attestation.
