498a victim need help on passport renewal

Now they are bailed out and since then my parents have been routinely attending the court on DVC basis. 498A summons haven't been issued yet but my in-laws have requested for my passport to be impounded. 

1.Your parents are attending court on ur behalf as well. Have you given POA to them.?

2.Summons have not served to you or you are not available to the law to serve the summons. ?

3.Have you applied for Bail from overseas. ?

4. Is Charge sheet filed by police?

 I live in US and haven't visited India since then. my lawyer advised me not to visit, as my in-laws have taken all measures to get me arrested and lock my passport (Bribed the cops and sending emails to my manager through cops to return me to India).

5.Your lawyer advised not to visit India, but there is chance that you can be declared as proclaimed offender.

Regional passport office has sent a letter (to my house in India) stating my passport has been impounded and I have to explain why it shouldn't happen. Despite of my explanation, they have taken a decision to impound and requested me to explain it to Delhi passport office why it shouldn't be impounded. I had to draft a copy of my explanation and submitted the same. Currently, I am awaiting their response

6. Your explaination is not sufficient as long as you havent done anything of steps 1, 2, 3. 

Now, my passport is about to expire next year (2014) and not sure when do I initiate the process of renewal? If so, what complications would arise.

7. Possible solution is to apply for quash for Charge sheet or steps 1, 2,3. Get Bail or stay on arrest. Make ur self as you are not escaping from law but you are ready to cooperate. 

8. get letters from your employers that you will loose job , that ur bread and butter is there.

9. once you applied for bail or for quash send that letter to Delhi regional Office saying that you are not obsconding  from law. but cooperating with the law. 

 

I think this will help you. I dont know whats the merits of your case. But Conviction rate is very low in 498a cases. 

 

the passport authority has only right to do this, as you informed that the authority send a show cause to you & you reply the same to them, wait & watch till the final decision of authority. in matrimonial dispute the passport authority can not impound or revoke your passport because having a passport or go abroad for tour or work is your fundamental right as provided by constitution of india.

no need to worry, wait till the final decision of authority.

You have not committed any heinous crime that the Passport authorities have served you show cause notice asking you to explain that why your passport cannot be impounded? Have you been declared as a proclaimed offender or a terrorist or an anti social element absconding to avoid arrest ? The passport authority has got no right to impound your passport especially when the court has not proved any charges against you nor the trial of the case concluded, I think something is missing in your text, please consult your lawyer with full details and seek for rellief

In such circumstances, your passport can not be renewed in US through Indian Embassy.

 

The way out is to get AB, join investigation and then get a new passport issued by getting NoC from the trial/ Session court.

 

Otherwise you are on a ticking timebomb, the opposite party can obviously wait till 2014.

 

Regards,

Thank you all for your responses... firstly you are helping innocent victims through this forum and I cannot stop thanking and appreciating this.

 

1.Your parents are attending court on ur behalf as well. Have you given POA to them.? I have given POA and vakalat to them

2.Summons have not served to you or you are not available to the law to serve the summons. ? Summons for 498A haven't been served yet

3.Have you applied for Bail from overseas. ? I have not applied for bail yet.

4. Is Charge sheet filed by police? Police has recently filed a charge sheet (September 2013)

5.Your lawyer advised not to visit India, but there is chance that you can be declared as proclaimed offender. I will check back with y lawyer again, but his explanation to the court was to cancel the impound for me to visit India. As my livelihood depends my passport and act of impound will severely effect my livelihood.

Regional passport office has sent a letter (to my house in India) stating my passport has been impounded and I have to explain why it shouldn't happen. Despite of my explanation, they have taken a decision to impound and requested me to explain it to Delhi passport office why it shouldn't be impounded. I had to draft a copy of my explanation and submitted the same. Currently, I am awaiting their response

6. Your explaination is not sufficient as long as you havent done anything of steps 1, 2, 3. 

My explanation to the passport office was, I haven't been proven guilty in court and summons to 498A have not been issued yet. At the same time, I am willing to cooperate but my livelihood depends on my passport.

 

7. Possible solution is to apply for quash for Charge sheet or steps 1, 2,3. Get Bail or stay on arrest. Make ur self as you are not escaping from law but you are ready to cooperate. 

Every time in the court it been brought up that I am willing to cooperate and apear in court but passport impound is delaying my trip. Any help to cancel the impoundment will help and I will be able to appear in court ASAP

8. get letters from your employers that you will loose job , that ur bread and butter is there. I will work with my employer on this.

9. once you applied for bail or for quash send that letter to Delhi regional Office saying that you are not obsconding  from law. but cooperating with the law. Quash application in progress and I will send the same. Also a letter has been sent to Delhi office that my livelihood depends on passport and I have not been proven guilty in this case.

DCP Holds discrete powers to issue LOC on you.

If you are not available to them for Investigation.

 

Dear Experts,

I have simillar query regarding passport renewal while 498A, 125, DV and other couple of cases are on. Please help me on my recent post.

https://www.lawyersclubindia.com/forum/NRI-passport-re-issue-with-existing-false-498a-125-dv-etc-124166.asp#.Vavwo_mqoV4

Thanks a lot in advance

Suresh