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bala (IT Engineer)     21 May 2012

Visa /passport blocking

 

how to raise complaint against a person In embassy to block their visa / passport ?

Currently the person is US.  He is not ready to come to india and facing the case logged by his wife.

 

Pls let me know if you need more details from my end.

 

 



Learning

 6 Replies

ADVOCATE Prem Joshi (Advocate/ Legal Consultant)     21 May 2012

You have to filed the compaint in concerned embassy and after the investigation the embassy can be block this passport.

Adv. Chandrasekhar (Advocate)     21 May 2012

If you propose such action, first get clarity about complaint, FIR and charge sheet. In matrimonial disputes, once you file complaint under Sectin 498-A before CAW or all women police station, the police initiate for conciliation/mediation and failing of which, FIR is lodged under Section 498-A. As it is cognizable and non-bailable section, the concerned magistrate issue arrest warrants.  As he is in US, the arrest warrants cannot be executed.  For bringing him before the court, the court will serve the warrants through Ministry of External Affairs.  This method is proving not effective.  So, I suggest you the following:

Take copy of FIR and arrest warrants.

1.  Send them to regional passport authority asking them to impound the passport.  The experience says that in the State of Punjab, special cell is set up to deal such complaints and they are promptly impounding the passports.  in your case, if the passport is not impounded, go in writ petition before the hon'ble High Court and seek the direction for impounding the passport.  once the passport is impounded, the information will be sent to the consulate where he is residing and this fact will be fed in the computer.  Whenever he goes to consulate for renewal of passport, his request will be declined and he will be forced to come to india.

2. The police will be requested to issue LOC.  if they will not do so, file an application before the concerned magistrate to direct the police to issue LOC, so that  international airports in India will be ready to receive him.

3.  Write to US embassy in India  about the pending case against him and enclose FIR copy and arrest warrant.

4.  Write to his employer about his pending case and enclose FIR and arrest warrant.  Request the employer to take suitable action as per the employment contract and rules and regulations of the establishment as running away from the court amounts to moral turpitude.   

bala (IT Engineer)     21 May 2012

Thank you Mr.Chand.  I will proceed accoodingly .

 

 

 

 

Kumar (Family CEO)     22 May 2012

Send me a PM with a common man brief of the case. Without any Indian court order, I can get this person grounded in USA provided, he is not a OCI/PIO.  

 

Do not write to the US employer. US employment laws are very strict and businesses do NOT interefere in the personal lives of their employees,including government. 

Kumar (Family CEO)     22 May 2012

PS - The Indian lawyer who is advising to write to the US employer clearly does not know the US side of things. IF he is filling up pages and pages of pleadings and motions to be served to the employer, it is a waste of time and money. 

Alekhya   25 March 2016

I have issue with husband. I want to block his passport how should i proceed

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