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Mohammed Khan (Engineer)     28 July 2017

498a passport renewal

Dear Lawyers,

My wife registered 498A against to me after my divorce happened legally through muslim divorce procedures and been issued a divorce certificate from Indian Government. I live out of India since more than 7 years. I have my paspport renewal after one year for which I have to submit my passport application. My job in overseas also involved business travelling to different countries around the world (Except India). 

The current status of my FIR is waiting for police to be filed a charge sheet. However, we made petition in HighCourt to quash the FIR as she accused number of people in my family (including non-family memembers) and all her allegations are untrue and we have clear naked facts to prove her allegations are false. Judge has now allowed our petition and given hearing to the other party to attend hearing to prove the allegations.

I would like to drag this case for about an year only with Quash petitions (including up to Supreme Court). We also plan to go for quashing charge sheet and drag the case till an year untill I get permanent residence in the coutry that I am currently living.  

Can you please tell me how to renew my passport? I already given Power of attorney to our family member to appear and make 498a petitions on my behalf in India courts. 

In line to this, can you also advise whether we can apply for AB at the Quashing stage?

Can my relative appear in court through GPA or any video conference is allowed to appear (from permanent exemption)?

What other advises you could provide to stop impouding my passport or stop issues while renewing passport in Indian embassy (out of India)? Your kind advises are really very helpful. Thank you. 

 

 



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 9 Replies

Raveena Kataria (Advocate )     28 July 2017

It will not be easy to have your passport renewed, not until the allegations made against you by your wife have been proven to be false. I feel it will not be advisable for you to push the case for another year. Get in touch with a learned adovcate so he/she can guide you as to your best options, and you can get through the legal proceedings quickly and efficiently, and so the charges against you are dropped/falsified by the court.

P. Venu (Advocate)     28 July 2017

In my considered opinion, you are overreacting to the issue and over reaching the legal procedures. Why you are rushing to the Superior Courts when the Court is yet to take cognisance of the alleged offence? This is all the more so, in the light of the revised guidelines  issued by the Apex Court in handling 498A cases.

Mohammed Khan (Engineer)     28 July 2017

Thank you for your response. Gladly the recent yesterday's supreme court judgement relaxed the rules, especially for NRI's.

The judgement says no persoanl apperarance required to delay the matter in trail court and video conferencing can be arranged. 

 

Mohammed Khan (Engineer)     28 July 2017

Thank you Raveena. However, Passport Authority cannot be stop renewing the passport as long we attend the trail court hearings as per the yesterday's judgement and it can be renewed on yearly basis as I will be co-operating to attend the hearings. 

The judgement also said passports cannot be impounded and issuing RCN should not be a routine. What are your thoughts on the yesterday's judgement in relation to my case?

 

Mohammed Khan (Engineer)     28 July 2017

if anybody required the judgement copy, you can download here:

https://barandbench.com/wp-content/uploads/2017/07/6593_2017_Judgement_27-Jul-2017-watermark.pdf

1 Like

Raveena Kataria (Advocate )     29 July 2017

Thank you! I just got to be aware. I shall do go through the judgement and get back to you soon! Good luck with all your legal proceedings.

(Guest)

Judgment of the link does not pertain to you.  More so, the case pertains to seeking direction of the Supreme Court to issue direction to prevent the misuse of Section 498A, while your case more or less pertains to the renewal of your passport.

Please clarify, for what specific point to be considered by the experts you have posted the link of the 20-pages judgment? 

 

Mohammed Khan (Engineer)     18 August 2017

Thank you for your reply. Indeed superme court directions to prevent misuse of 498A however the judgment also talked about outstation mememers. It has now given a flexibility through attend video conferernicing so no PCO exists anymore. I think some points does pertain to NRI's as my case is still at examination stage by Police and under Quash petition. Since the judgement stays no impound or RCN should be routine I guess passport renewal should not be a big issue as long as we get an order from high court to Passport Authority through Red Petition. With my case, high court has now stayed all proceedings in police station until my ex prove the allegations against me.

What is your opinion on this?

Kindly, I would like to request experts to provide me a right step to take in order to prevent to stop issuing my passport by the authorities. Would it be safe to apply AB and Red Petition in High Court? Many thanks for your kind suggestions.


(Guest)

Better rely on your own lawyer rather than gathering mix up of opinions to get yourself confused. However, whenever you find any difference in your opinion with your lawyer, you may come forward with the cause of difference to obtain opinions of experts.

 


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