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womanlady1 (designer)     13 February 2011

what happens to a PIO card holder in case of divorce

Hallo, i am a foreinger married since 2001 with an indian national. we have a son of 8 yrs. since 2 & half year we live permanently in india. after being trying to save this marriage we may want to go for mutual divorce. I know that I will lose my PIO card and the benefits with it, but, my question is: if there are any cases of ecceptions like for example if i get custody and my son has to study here would they make an ecception for me (mother)? by the way my son is an Italian citizen on PIO card too.

please who is an expert on this answer me. especially if there are cases (to take as prove) where the government made ecceptions.

thanks!



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 9 Replies

Tajobsindia (Senior Partner )     13 February 2011

@ Author

It will be cancelled along with its benefits.
Reasoning:
Assuming you got this stated PIO status because of support (existence of) a spouse i.e. your marriage. Moreover it is valid for 15 years. You have not mentioned when you acquired it (dd/mm/yyyy) not that it matters to me as replier, however it matters in case you have bought property in your name while here in India! When spousal relations subsists how do you expect dual citizenship benefits courtsey Indian Govt.? is it not going to be a change of very ‘circumstances’! Now, you have also to ask another probable problem erupting with a subsisting marriage (i.e. on the date when decree is prepared) what will happen to your present visa when PIO card gone I can forsee such issue out of the blue hence preparing you beforehand?????. Unfortunately I donot know the answer to this part which I will admit as PIO Card is of very very recent issuing and I had very limited contacts with PIO folks during recent India Meet.  To give you solace naturally it is unfair but that is the way it is.

 

Layman’s way I put it - Its the choice one makes………………

If it helps in any way you may scan through

https://mha.gov.in/fore_division.htm and https://mha.nic.in/citizenship/acquire1.htm for further valuable inputs.


However, I am open for further correction on above take………

2 Like

womanlady1 (designer)     16 February 2011

Hi Tajobsindia,my PIO will expire in 2020, it's not a dual citizenship its a kind of visa which allowes also some benefits that a normal visa doesnt. The point is that: yes its a new thing i think they invented it in the year 2000. .and they didnt even thought about renewal...even for the normal state of affairs....however i was just thinking and asking if anyone of you knew of some kind of ecceptions that the governement could do in each particular case, because at the end we are humans and not only papers and numbers. and that affter 10 years a marriage can break but that doesnt mean that my life here will be finish!

however thanks for your input.

Tajobsindia (Senior Partner )     16 February 2011

@ Author

1.
Yes your discovery is as good as mine!


2. You need to create precedent now. It will benefit 1,82K PIO’s as per last registered count. The point here that I am making is that PIO / Dual Citizenship fundas was basically introduced to bring in FDI from cash rich Non Resident Indians and to capture the Indian euphoria during NDA regime but all these road map into a limited vision - see you discovered 20 years time limit where as I have seen cases of expired PIO cards and MHA clueless what to do now :-)


I am open to correction if any ld. readers may educate us with correct factual precedent on this perennial question of yours !



 

2 Like

womanlady1 (designer)     19 February 2011

Great!!we will see! how they will sole it! however i do have a bigger problem right now , my husband doesnt want to go for mutual but instead wants me out of my house in a week!!!?? and took our son to his lover house!!! now you tell me what should I do?? i really do not care about my pio anymore I want to know my rights and if he can do this??!! its totally wrong and I am going mad because he treathened to come here and make a scene!  and also to run off with my son! now please advise me!!

Tajobsindia (Senior Partner )     19 February 2011

@ Author

Only one option - File HCP before HC.
To know about HCP you better engage urgently a Advocate as telling about it here will chew precious bandwiddth and moreover you are a lay person with immediate need i.e. to get "status quo' restored as main relief in terms of your child who is removed from presumable 'jurisdiction' is it not so ? Also as one of the interim relief in this HCP ask for 'in chamber counseling of both of you by the Lord//Ladyship for MCD, as in drilling this hint in hubby's mind) It is doable .........your main purpose will be solved which I can make out

All the best
BTW: Your case scenarios are progressively taking interesting twists and turns day by day.

 

1 Like

womanlady1 (designer)     19 February 2011

thanks author,

yes im seeing an advocate this evening, and yet im shaking for all the trethenings..and for not having my son home. i will keep you posted. thanks for the help ineed it!

womanlady1 (designer)     19 February 2011

hi author can u please tell me the full form of HCP?

I will not now let you know what I am going to do to solve this issue but I really would like to know..

just the full form,

thanks

Tajobsindia (Senior Partner )     20 February 2011

1. Habeas Corpus Petition
2. Filed in HC to give instruction to police to produce child before Court and rest course of Law follows on what to do with child.
3. I never ask any Authors to report to me what they are doing once I answer a query, so relax. However all the very best.

womanlady1 (designer)     20 February 2011

thanks author.. dont get me wrong isaid tht i wont let u know at this moment because i am very confused, scared, tense, and compleately stressed out. your inputs have helped me, also reading other treads..so please don't misunderstand me i willl keep you updated..thanks


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