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Pidit Pati (False 498a Victim)     09 September 2013

Can an nri be deported for 498a/dv/maintenance cases?

Wife filed false criminal cases 498a etc. Chargesheet filed with NRI husband mentioned as absconding. Also DV and Maintenance cases going on. Any of the charges are not proved in any of the court proceedings. No Interim maintenance order. Can Indian Embassy (Saudi Arabia) deport NRI husband on complaint of wife? Can court order for deportation of husband to attend court proceedings? What legal steps can husband take if embassy is threatening to deport on complaint of wife ?



Learning

 9 Replies

stanley (Freedom)     09 September 2013

The Answer is a Big No.


(Guest)

As per your querry My answer is also a Big NO.

No embassy will stood on one foot on mere complaint of wife that her husband has ran away,plz catch him.....

All these cases are related to Marital Disputes and not related to POTA /TADA/PETA or a murderer who has got absconded after finishing his crime and the Police force and embassy will run after him.

kanversainks (self employed)     09 September 2013

grande daughter can take share under hindu law an,suceession law or hindu amendment act 2005  in ancestral property of father . grand father has been died but her father ia alive .this is ancestral property because this agriculture property come from grand father to her father by inherited mutation.plz.tell fast

Nitin (Law)     10 September 2013

It is possible for her to get ur passport cancelled and when your passport becomes invalid then ur stay gets invalid in foreign land and you have no option but return to India.As long as you hold Indian passport you will be a victim of the corrupt system.

Nitin (Law)     10 September 2013

@Raj What I have posted here is the current reality and within the last year there are many cases where the RPO cancelled the passport of NRI and with a cancelled passport even if he got PR/GC he cannot travel outside the foreign country where he lives.You may search the cases in Punjab where RPO cancelled many passports. Now about time for getting the passport cancelled believe me this is not a long process only few drops of tears are enough and there are members from NCW and lawyers who help to get it done even without any lawyer fees because at the end they know It's an NRI who is trapped and later they will get all money from him. If there is a summon issued against the NRI that's enough to get his passport cancelled.

ragz hyder (PM)     10 September 2013

Nitin

what nonsense are you talking? Please either give the right advice or dont speak. for Gods sake. Even criminals dont get passport "cancelled". Heard of impound. Cancel first time. Only Passport authority of india can impound passport not even indian courts. and that can happen only in Indian land. Please dont add crap on heads of people asking questions under troubles/worried.

To querist. As long as you are in foreign country india govt kuch nahi kar sakti.

Nitin (Law)     10 September 2013

This is not nonsense and I have not mentioned court but but RPO the Regional Passport Office who can Cancel the passport.Impound and Cancel are 2 different things.Impounding is done by police whereas cancelling is done by RPO as passport is the property of government so they can do this.The best example is the case of Snowden as his passport was not impounded but cancelled and in the last years this has before a routine India that on matrimonial issues the RPO cancelling the passport.Now please don't talk about human rights and stuff as the corruption is on It's heights here and RPO hesitate to cancel passports of criminals but they dont hesitate cancelling passport of poor husbands because they know these NRI's are big source of income.Yes if you are on a foreign passport then you are safe but then I would say don't go for PIO/OCI card.

stanley (Freedom)     10 September 2013

Originally posted by : Raj123

I know about puneet Singh is working on this.

once passport is impounded. He has to come back to india to renew his passport. Only when it's expire. He don't have to come to india until its expired.

he can do it on Indian passport. Indian govt can not impound any USA citizen passport.

I talk from experience since i have renewed my passport while i was abroad at the Indian Embassy in a foreign country . There is no need to come to india to renew the passport . Prior to expiry it can be sumbitted at any indian embassy in a foreign country and they will do the needfull  which takes around 30 days .

swetharani (s/w)     20 July 2018

i know this is an old post but i thought its worth replying to help people who land up here in search like me.

Its true passport should/will not be 'cancelled' in most cases. It only gets impounded (very easy and very common). But there is a very high chance like Nitin mentioned above. With few tears and good contacts in NCW, they can recommend the passport be cancelled. Especially in hyderabad (origin of lots of young NRIs), its very much a trend right now. Atleast in 5 cases, the passport has been cancelled in 2017-2018.  So, be cautious and prepared. Do not think that your passport will not be cancelled.


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