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Suresh AV (NA)     19 July 2015

NRI passport re-issue with existing false 498a, 125, dv etc

Dear All,
My wife filed false cases against me and my entire family - 498A, 294, 506, DV and other few sections. These cases are in addition to 125
I have a peculiar question. 
My passport is set to be expired in less than a year; I would like to re-issue my passport but the problem is that they filed various cases at my permanent address. Therefore I am extremely pessimistic that my PC (PV) won't go through and my passport won't get renewed. Furthermore In passport application I needed to provide permanent address so it would be obvious It would go through PC/PV process.
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Quick Summary
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  • -------> I am NRI , staying abroad since last 4 years. They have been sending summons/notices to my permanent address; but they have failed since no one has accepted so far
  • -------> Opposition knew nothing of my whereabouts -i.e my aboard address, company, contact no. etc
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As a Way out I was thinking couple of options.  Need your valuable advice. 
***********************************************
  • -------> Apply under Tatkal with same address / Same state where PV/PC  is post facto
  • ------->As my own sister owes a flat in different Indian state – Can I make the use of that address and while applying for re-issue of passport; can I use that address as permanent? As of now I don’t have such documents as this address proof.
  • -------> Since I still have approx. 1 year; Should I rent a flat in different state;  change existing bank a/c address to new address and then apply
  • -------> Since I have been in different countries as of now I don’t have any residential / present address as address proof – But If I rent a flat aboard where I am staying; can I show that address proof as permanent address?
***********************************************
Recent Development / Ray of hope
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*****************************************************
Indeed; without saying; all women centric draconian laws (ofcourse misuse of those) didn't leave any option for Men to get justice. So I had to make them run from pillar to post till they get exhausted and come to my own terms.
I sincerely need your help and support in above matter.
P.S. – apologies for lengthy question / explanation 


 10 Replies

lucky81 (NA)     19 July 2015

Suresh, you should apply in Indian embassy at which ever country you are residing in. Let them know you are an NRI and don't have any residence in India and therefore, request them to change your address to your "new native place".

Also, get AB and then take the problem head on and everything will end in peace one day.

 

Cheers,

Suresh AV (NA)     20 July 2015

Hello Lucky81,

Thanks for your advise. The moment I apply for AB; my wheresabout become public (to courts and most important to opposite party) and then they would be able to serve summons/notices and vicious cycle would start. They've filed multiple cases so every now and then I may have to appear in court hearing which is not possible at all. In short; I will loose job + I would get slaughered interms of money. Atleast with current job I am able to afford lawyers/police etc...

While re-issuing I don't want my existing (native adress) that's the main problem

suresh

Vidya (ss)     20 July 2015

Hello suresh,

as of my personal experience don't need to worry much.

just 6 months before expire apply for renwal you get it.

my buddy did same. His passport renwal due date was 20 August 2015 but in March2015 itself he applied he got... He to have 9 cases in India including 498a, 534,420, dv3 dv4 and few more.

when he ask his lawyer he only said same as I mentioned. He said until unless girl raised look out notice and informed to embassy in that particular country, it makes problem.

get a letter for your employee to conform you are working in that country and live there itself. So good luck

Suresh AV (NA)     20 July 2015

Thanks a lot vidya, My parents lawyer has no idea about how passport-police-court engine works. He is clueless abt this thing. Although he seems to be okay so far to protect my parents. 

Really appreciate your advise on address. 

Sushant Singh (Private Service)     20 July 2015

You do not have to return to India to renew the passport. It can be done in any mission or embassy abroad. Marital cases will not hold back your passport.I have applied and got my passport without issues. Your lawyer has no role to play in passport renewal.

VICTIM (A)     20 July 2015

@ Vidya & @ Sushant

Did you guys mentioned in “Yes” or “No” in the below question when you filled the Passport renewal form?

 

8.1 Have you ever been charged with criminal proceedings or any arrest warrant/ summon pending before a court in India?

 

Somebody told me that we need to provide details if we have a 498a case pending on our name!!!

lucky81 (NA)     20 July 2015

Get in touch with someone on the ground, a good lawyer, to check if court has issued any non bailable warrant against you since you didn't respond to summon and that will answer 8.1 in the form.. If court has not issued warrants that puts you in a very good position and  I would suggest strongly to get your anticipatory bail sorted out as soon as possible and attend the court proceedings, it will do good to you.

Think about it, if you don't honor court summons today, will court tomorrow trust you when you say I want go abroad to work but attend court proceedings? You are giving a wrong impression about yourself to court.

The discipline in your initial stages of fight is very important for your later part of the journey. The courts are accomodative to requests where you are working abroad, obviously you have to share the details of your job but that would take your worry of not able to work abroad.

The interim maintainance is the place to put a good fight to save yourself in such cases from huge alimony/maintainance at the end.

It all looks scary and frightening in the begining but you need to get into the water to learn swimming and this is the time. Good thing is that it has started and therefore, it will end. Dont worry about making trips to India frequently, if you arrange good lawyer on the ground he will manage everything for you in more practical way. The lawyers have their way out to everything.

I am not a lawyer, but I know people who are fighting the case while working abroad and are attending court cases. If they can you can too.

Suresh AV (NA)     21 July 2015

Hello Lucky81,

Really appreciate your feedback. Although you are absolutely correct in your opinion to comply law; I beg to differ. Allow me to explain why?

  • --> The moment you exposed yourself which means your location/employer, whereabouts would be known. Since they filed 125; they would know salary details as well. Because of "So called Law is Gender Neutral" - Court will immediately order 50% salary to give it to opposite party. (in order to reduce few % you need to fiight tooth & nail) but you can't escape 125 even though you know they are wrong. So making them run from pillar to post is the only option left
  • --> The biggest problem will be in case of 498A, Passport issued for 1 year only then you need to keep renewing it. Additionally for every court hearing – whenever needed you need to be present - It is as good as getting fired from job.
  • --> Regarding answering 8.1 – If summon is served and then I don’t accept which is wrong. But What If “accused” person doesn’t stay there – and if summon served to wrong address and getting returned; how could it be consider wrong? So technically it is not even served to me.
  • --> Warrant hasn’t been issued so far

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     21 July 2015

Good replies. Thanks to all!

Vidya (ss)     22 July 2015

Originally posted by : VICTIM
@ Vidya & @ Sushant

Did you guys mentioned in “Yes” or “No” in the below question when you filled the Passport renewal form?


Somebody told me that we need to provide details if we have a 498a case pending on our name!!!

hi as usual it has answered  "No" ....it was not an issue...

hope don't bee over think....you are still victim not  criminal at.

sure you clear all with clean chit.

same we felt ourself.." A useless fellow made baseless allegations and it should not be an abstuct to carrier...and we decided if situation really force us...we thought to give hard hit" luckily without any issues he renewed ... And happily going on fight ..


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