Civil Procedure Code (CPC)

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Sur (Project Lead)     07 May 2013

Passport renewal and 498a case pending

Hello Experts,

      Coming straight to the point, I have my passport expiring this year ( 2013 ) and have a 498 A under sections 3 and 4 of the DP Act  case pending since 2009. I signed a compromise in 2010. As part of the deal I was to pay them half the amount as permanent alimony and the rest after they withdraw the 498 A case. After which I was to pay the remaining amount. I have done my part but am waiting since 3 years to do their job. I want to get my passport renewed this year and had questions on whether I should be approaching court ( which court that is another question ) to get a NOC to apply for a renewal of passport. I am asking this because I read in forums that I have to get a NOC from court. The passport form does ask you for details of the case and court etc but doesnt ask you to provide a NOC from court. 

Can anyone help with answers ?



 5 Replies

ADV S PATHAK (lawyer)     07 May 2013

yes u will have to get noc from the judge who is having the 498a case. simply show him the settelment and say that u have no objection if the renewed passport is asked to be deposited in the court. 

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     07 May 2013

Rightly advised by my Ld. friend

Sajeev T Prabhakaran (Director)     07 May 2013

Yes. our learned friend is correct.

Sur (Project Lead)     09 May 2013

Thanks for your replies. The case has been pending since 3 years, summons have not been served to me in that case but have been to some of my relatives who were named in the chargesheet. I filed for quashing of 498A in the high court which is also pending, so which court do I approach ?

SOLOMON.RAJ (advocate/director)     26 May 2017

Dear Friend,

 

                         You need to appraoch the concerned jurisdictional court where presently the 498-A of IPC has been filed against you and your family members.

 

Solomon Raj
                  L.L.M.( Crimes & Torts )
Advocate, High Court Of A.P. , India
Attorney/Consultant,
Director, Justice League,
Indian Ombudsman U.E.(U.S.A.)
BHARAT GAURAV SAMMAN AWARDEE
Ex-Member, Mega Lok Adalat , Criminal Courts , Hyderabad.
Vice Chairman, 37th U.C.C. ( T.S.),                      
National Vice president, All India Christian’s Council,
Legal Chairman,  All India Christian’s Council,
Legal Convenor, Y.S. Raj Shekar reddy Congress Party,
Lok Adalat Member, A.P.( Ex)                      
Hon'ry Advisor, St.Joseph's School,
Television Speaker & Theologist,
Core Committee Head, For drafting Act of "Protection of Christian Properties" (In United Andhra Pradesh). 
Ph:+91-9866545086,

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