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498a Discussion Forum - View topic - NRI Physician: Passport surrendered and recovered in court
It is currently Sat Jun 19, 2021 9:25 am



Reply to topic  [ 17 posts ] 
NRI Physician: Passport surrendered and recovered in court 
Author Message

Joined: Sat Mar 01, 2008 1:28 pm
Posts: 9
Dear Members:

Passport surrendered in the court

I have filed for divorce in April 2007 in USA and the court proceedings are still going on. I was visiting my parents in Dec 2007, when my wife came to India and filed false 498a case against me and my parents. I was arrested and later released on bail with a condition to surrender my passport. My wife later went back to US, in the last week of January.

We are still “Legally married” in US. I have a 2 ½ year old daughter, whose “temporary child custody” is with her mother. My wife and my daughter are US citizens, and I am a permanent resident (Green Card).

My lawyer initially (January 2008) told me that I could get my passport and relaxation to travel back to US in 2-3 weeks. The petition was filed in the lower court. Time passed and my lawyer kept me dark about all the court proceedings. He even asked me NOT to come to court or else there will bad consequences in regards to my petition. Finally, the order was passed on Feb 20th, rejecting my petition. My lawyer has no answers and said we will go to High Court.

Later next week, my wife’s relative, who is a very influential person in Hyderabad, called me to his residence for some “settlement”. There he started threatening me that he will file a case of “Attempt to Murder” against me with all his influence. He also claimed that he has used his influence to reject my petition for the passport. He demanded that I should take back all cases my wife and her parents in US (including some forgery and child abduction case), and also start making negotiations with my wife for reconciliation.

Now I know how my petition was rejected in the hands of few corrupted officials. I have now hired a new lawyer and will file a petition in High court. I have discussed with my new lawyer about the threat for filing false “Attempt to Murder” against me. He advised me to take it easy and relax at home.

I have already lost my job. Now, I will loose my apartment all the belongings in it as I am unable to renew the “apartment lease”.

So, my passport is still with the court and I am trying to get justice from the High court.

I would request the fellow members on this forum to help me, by coming up with some good suggestions. Your help is greatly appreciated!

498a Victim.


Sat Mar 01, 2008 7:16 pm
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Joined: Tue Oct 23, 2007 4:40 am
Posts: 429
Location: USA


Sat Mar 01, 2008 9:14 pm
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Joined: Sun Mar 02, 2008 1:42 am
Posts: 22
Hello my friend, my advise is simple, RECORD EVERYTHING ANYONE SAYS ON YOUR WIFES SIDE. If they come for settlement keep a micro recorder and record everything, tomorrow it will be evidence for you. They now sell micro recorders with huge hard drives that can record for hours on end if not days. Also join other 498a groups on line for help. Some links are below

http://savefamily.org/index.php?Itemid= ... om_content
http://mynation.wordpress.com/

(Crime Is Crime. Punishment should be irrespective of gender,
religion and caste. Let us be honest and fight for truth)

http://www.savefamily.org
http://www.indiatalking.com/blog/swarup
http://www.youtube.com/user/swarup1973
http://pariwariksuraksha.blogspot.com/
http://www.mynation.net/
http://www.saveindianfamily.org
http://groups.yahoo.com/group/SaveIndianSociety/

http://www.telegraphindia.com/1050913/a ... 231379.asp
http://www.youtube.com/group/saveindianfamily

All India Helpline Number: 91-92434 73794 (24 Hours)
Alternate Nos : 91-9810611534 or 080-65334135

Volunteer Helpline Numbers (limited contact hours)
------------ --------- --------- --------- --------- --------- -
Delhi:
Ashish : 9911119113,
Swarup : 9810611534
Rajiv :9891369616
Bangalore: 80-65334135
Kolkata : 033-25347398/ 25217318
Mumbai: 9224335577 / 9869323538
Ahmadabad:982536581 6


Sun Mar 02, 2008 5:37 am
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Joined: Mon Jan 09, 2006 8:27 pm
Posts: 194
Even the Court cannot impound a
Indian Passport.

No doubt, Section 104 Cr. P.C. states
that the Court may, if it thinks fit, impound any document or thing produced before it, this provision will only enable the Court to impound any
document or thing other than a passport.

This is because impounding a "passport" is provided for in Section 1 0(3) of the Passports Act.
The Passports Act is a special law while the Cr.P .C. is a general law. It is well settled that the
special law prevails over the general law.

Impounding of a passport cannot be done by the Court under Section 104 Cr. P.C. though it can
impound any other document or thing.

http://courtnic.nic.in/supremecourt/qrydisp.asp
IN TH E SU P R E M E COUR T OF INDI A

CRIM I N A L AP P E L L A T E JUR I S D I C T I O N

CRIM I N A L AP P E A L NO. 1 7 9 OF 2 0 0 8
[ ARI S I N G OUT OF S.L. P .(C R L .) 3 4 0 8 OF 2 0 0 7 ]

....................... J.
[ P. P . NAOL E K A R ]

...................... J.
[ MA R K A N D E Y KA T J U]

N E W DE L H I
JA NUA R Y 2 4, 2 0 0 8 .


Sun Mar 02, 2008 7:18 pm
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Joined: Sat Mar 01, 2008 1:28 pm
Posts: 9
Thank you all for the suggestions. My lawyer said he will file the petition in High court. I have already updated my attorney in US about the recent developments.

I have been requesting through my attorney for a telephone conference with my daughter. My attorney has send three notices to her attorney and we haven't got any reply. She has not allowed me to see or talk to my daughter for last four months. My attorney has filed for "show cause notice" but the judge refused to order anything, until I return back to US.

Will I ever see my daughter again ?


Mon Mar 03, 2008 7:35 pm
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Joined: Tue Oct 23, 2007 4:40 am
Posts: 429
Location: USA
Hi,

Don't worry too much. You will definitely see your daughter again. Keep asking your attorney to push for it.

Even the Indian court, which is notorious for its one-sided stance in such matters, recently ordered to allow one of our members in US to see his daughters in India via video-conferencing.

Sambhav


Tue Mar 04, 2008 12:02 am
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forum Moderator

Joined: Wed Dec 28, 2005 3:16 am
Posts: 747
Location: California, USA
Hi NRI Physician,

Which high court are you talking about here? You should be able to mention that divorce is going on in the US and you have the right to earn your living.
Please let us know which place in US are you from? So, we could write a letter to that particular Indian Consulate.

- Satya


Mon Mar 10, 2008 9:47 pm
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Joined: Sat Mar 01, 2008 1:28 pm
Posts: 9
Dear Satya:

The divorce case is going on in Sangamon County court, IL.


Wed Mar 12, 2008 9:17 am
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Joined: Sat Mar 01, 2008 1:28 pm
Posts: 9
Dear Satya:

The nearest Indian Consulate to Sangamon county is in Chicago.


Wed Mar 12, 2008 9:20 am
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Joined: Wed Oct 31, 2007 5:51 pm
Posts: 280
Location: mumbai
Make an application to the Majistrate himself explaining the need for permission to travel on enhanced security. He may reject it but will give reasons for the rejection.File revision appeal in Sessions Court and chances are you will get the passport on additional bond. I got my passport as I was lucky to have one of our finest Judges presiding.
In case you want to show my order send me a message.


Wed Mar 12, 2008 11:57 am
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forum Moderator

Joined: Wed Dec 28, 2005 3:16 am
Posts: 747
Location: California, USA
talk with your attorney in USA and ask him to request your physical presence in your case in the US. Move to high court with this written request and get your passport back.
Go meet with Ministry of External Affairs, Passport office.
Atleast move to High Court.


Wed Mar 12, 2008 11:28 pm
Profile

Joined: Sat Mar 01, 2008 1:28 pm
Posts: 9
Hi;

Finally, I have a good news !

My appeal in High court was admitted and today the order has been passed to return passport, with some "conditions". I will be getting the copy of the order on Monday. I was told by my lawyer that the surety amount is Rs 5 lakhs, which I think it's ridiculous.

Anyway, now I can go back to US and start the judicial proceedings for my child's custody.

I thank each one on this forum for the immense support and valuable suggestions. I will continue to work the members on this forum to help other victims like me.

God bless you all !


Fri Mar 14, 2008 8:37 pm
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Joined: Tue Jan 15, 2008 11:01 am
Posts: 32
Congratulations, congratulations, congratulations!! I have been silently following your case, praying for you, and now some good news. Once you leave India, DON'T GO BACK!!


Sat Mar 15, 2008 2:07 pm
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forum Moderator

Joined: Wed Dec 28, 2005 3:16 am
Posts: 747
Location: California, USA
I am very very happy with the news. Congratulations.
5 Lakh is just surety, they should return it later.
However, I would not loathe India. We are all working together to change the abuse of the law and the process.
Once you are back in the US, I would request you to help other needy people. Also, you should get in touch with us (send me private mail) and let's work on getting this "passport impoundment" menace taken care of for everybody.

- Satya
California


Sat Mar 15, 2008 6:45 pm
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Joined: Sat Apr 01, 2006 12:43 pm
Posts: 1405
Location: chennai
WHEN THEY SURITY IT IS NOT THE MONEY YOU SHOULD DEPOSIT,
sOMEBODY WOTH RS 5 LACS SHALL SIGN AND GIVE A BOND TO THE COURT.
OUR LAWYERS MAKE YOU DEPOSIT THE MONEY.
DO CHECK


Mon Mar 17, 2008 2:12 am
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Joined: Wed Oct 31, 2007 5:51 pm
Posts: 280
Location: mumbai
The easiest thing for you is to vamouse. But remember you will make it that much harder for the next victim of 498A.Give it a thought!


Mon Mar 17, 2008 7:52 am
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forum Moderator

Joined: Wed Dec 28, 2005 3:16 am
Posts: 747
Location: California, USA
NRI physician,

Could you please summarize your story in the "Success story" section. This will help others undertand how they could fight their cases and this will give them confidence in fighting the cases.

Thanks,

Satya


Wed Apr 09, 2008 8:06 am
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