Can a separated wife renew passport in maiden name?

Can a wife who is living separately renew her passport using her maiden (pre-wedding) name, if the divorce case is still pending? Also, is it possible for me to obtain details of her passport to verify the facts? If yes, how?

2 Answers
Only verified advocates can give an answer Sign In
Sristi Nimodia
Advocate Sristi Nimodia Answered: 01 Jul 2025

A woman living separately with a pending divorce case in India can renew her passport using her maiden name, without her husband's consent or a final divorce decree. Indian Passport Rules and MEA guidelines support this, allowing her to use identity documents in her maiden name and submit an affidavit (Annexure "E"). Conversely, a husband cannot typically obtain his estranged wife's passport details via RTI, as this information is private and protected by the right to privacy (Article 21 of the Constitution). However, in extraordinary legal circumstances (e.g., divorce, custody), a court may order the disclosure of such information if deemed relevant.

Admin
Advocate By LEAD INDIA Answered: 28 Jun 2025

Yes, a woman can renew her passport in her maiden name if the divorce is not finalized. For checking someone’s passport details, it is not legally allowed unless you have court permission or are part of an official investigation. Otherwise, it is considered a breach of privacy. For further legal assistance contact us on our helpline number. 

24x7 Help

If we fall short of your expectation in any way, let us know

Payment Trust

All refunds come with no questions asked guarantee

Talk to Lawyer

Talk Now