Family law
swaraj
(Querist) 27 June 2012
This query is : Resolved
respected sir my bhabhi filed a false dowry case against my brother and father last year my brother goes abroad before fir registered and now my father on permanent bail.
my bhabhi filed a divorce case in court on basis of domestic violance.
now brother's parents in law hasseressing us by filed false cases in court.
now they complain to passport authorties that certain criminals cases are pending against my brother and their passport fake and therefore reject his passport.
recently we recived a letter from password authority that described that the passport is renew by us to you ,but we received a complian that some criminals cases are against you so gave us affidvet that you have not cririmal case against you otherwise we will take action against you under ipc.
my brother passport renew on jan 2011 after proper police and passport office inquiry and after that he goes abroad and fir registered in may 2011.when the passport renew there is no fir against my brother.
1.my question is that my brother's passport is geniue and issued after police verification then why passport authroity hassess us by issuing a letter of action under ipc.
2.is the passport have a right to cancel a geniue password which is delivered by passport authority after proper verfication just on false compliant.
pl help us and tell us what to do
thanks
M/s. Y-not legal services
(Expert) 27 June 2012
you can just issue a notice to passport authority..
more over there is a family dispute only. due to that false cases lodged against your family.. thats it. whether its true or not its can be decided by court only.
and while he leave from india there is no criminal case against him. after all the case has been registered. its mean its a fit case for quash.
right now no need to worry reg the notice given by the pass port authority. even dont neglect it. just give a proper reply. by in person or through post.
-y.not legal services-
-y.not legal services-
Rajeev Kumar
(Expert) 27 June 2012
I am a bit differ from our ld. brother on the issue that fir is lodged after leaving your brother aborad. As the DV and section 498a ipc is continuing offence and it can be lodged at anytime, husband presence during lodging the complaint is not neccessary. These complaint can be lodged after a longtime and that time your brother was in india. on the rest point of his reply i agree with him.
