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eswar kumar (des)     21 April 2014

Passport seized, 498a and dvc , have to go usa

 Dear Sir,
My wife filed 498a(7 memebrs),DVC(10 memebrs) and maintance case last year March. All accused in 498a got AB. Chargesheet also filed 2 months ago. all cases trial started and going on.I got H1b(USA visa) last year only.But due to family problems and these cases i couldnt go USA last year. My passport seized by court on 6th June, 2013 for granting AB for me.Now, I want to go USA. My wife demanding 30 lacs to withdraw cases and divorce. I dont have such huge amount.Please help me how to proceed with these cases. My lawyer told me that its  very difficult  to go USA as I am accused of 498a and DVC case.please give me your valuable suggestions.


Learning

 6 Replies

K*I*L*L*E*R (tech)     21 April 2014

yes ur lawyer is right once passport submitted in police/court it cant be released till the time ur case gets quashed or if opposite party dont have any objection
1 Like

Adv k . mahesh (advocate)     21 April 2014

if you are having a better prospects in you hand means ready to join but passport and visa is pending then you can apply in the court giving poa to anyone with concent of your wife court will give permission but in very rare cases 

1 Like

FightForCause (Businessman)     21 April 2014

 

Dost , Long term onsite is a problem , but u can tell court to release passport.

Tell court you may loose ur job and under section 21 of Indian constitution u have full right to travel abroad.

Use these citation

IN THE HIGH COURT OF CHHATTISGARH

 

 

Decided On: 03.12.2008

 

Appellants:

 

Pushpal Swarnkar

   Vs.

Respondent: State of Chhattisgarh   

-----------------------------------------------------------------------------------------------------

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     21 April 2014

Dear Querist

file an application before court who seized the passport for release the passport. travling abroad is your fundamental right as provided by constitution of India. the court or police have no power to seized the passport.

argue the matter with the judgement of Supreme Court and High Courts and the court is bound to release your passport.

Feel Free to Call

1 Like

fight (personal)     22 April 2014

Reach out to save Indian family forum at 08882498498 for free legal help from people who have already gone through such cases.
1 Like

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     24 April 2014

Even at this late stage first move some applications on technical issues which are many and seek orders on them.

 

And the process apply for release of passport which will be easy.

1 Like

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