Non-Cooperation from a divorced parent for applying OCI for Minor child

[hanishap11]

I have a minor child 3 years old, and i am trying to apply OCI card but my ex-husband is not being co-operative at all in providing his documents. During our divorce he signed an agreement to provide me OCI and he is not honoring that anymore. I am trying to get courts time, can i ask the judge to give me an order to apply OCI with my docs alone and without his intervention ? Will indian embassy consider this order and process the OCI ? Or Is there any other way to get an OCI card with my docs alone ? Please help with some information on this.

Note : I hold the majority custody of the child, father gets only half summer holidays and a week in winter.

[Liberty48]

Sorry for the tricky complex situation.

[arkaa]

Sorry that you are facing this issue. Vengeful ex-spouses are a nightmare.

If he is not complying with the terms of your divorce, you can send him a lawyer notice. It will cost money, but a good lawyer can probably make him pay for it too. Before that you can just warn him that you are considering legal action, and see if he responds.

If he ignores the lawyer notice too, then you will have grounds to sue him - not just for the OCI documents, but also for time & suffering. Any judge would grant you immediate relief.

Unfortunately, AFAIK, there is no other way to get the OCI - it needs both parents consent & signatures. India doesn't seems to recognize single parent situations. You can try emailing your local consulate and see what they say.

[arunshah]

Did you get a resolution for this ? Do both of you share legal custody ? In the parental authorization form I see "Legal guardian of the child" Does that mean that can be any of you ? I am also in the same boat waiting to see how it unfolds for you ?