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NRI Passport surrendered in the court 
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Joined: Sat Mar 01, 2008 1:28 pm
Posts: 9
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 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 influences. He also claimed that he has used his influence in lower court to reject my petition for the passport. He demanded that I should take back all cases my wife and her parents in US (including 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 then hired a new lawyer and filed a petition in High court. Within two weeks, the High court passed order, quashing the lower court order and to return me the passport. The order also said that it was "unintelligible" order given by lower court. "Just mere pending of criminal cases against a highly qualified medical professional cannot jeopardize his freedom". The only condition he kept was to deposit Rs. 5 Lakhs in cash as surety amount. I am allowed to travel back to US without any restrictions, but has to be present in court when necessary.

I hope, this will give some picture of judiciary in India, and how vulnerable are the NRI's in there own motherland because of stupid laws like 498a and the corruption. But, never loose hope and justice will prevail!

NRI Physician.


Sat Apr 12, 2008 8:51 pm
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forum Moderator

Joined: Wed Dec 28, 2005 3:16 am
Posts: 747
Location: California, USA
Congratulations on getting your passport back. Is there a way you would be able to post the judgement?


Sat Apr 12, 2008 10:55 pm
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
Heartiest Congratulations!

Please post the judgment for the benefit of others.

Regards,
Shonee


Sun Apr 13, 2008 5:47 pm
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Joined: Sat Mar 01, 2008 1:28 pm
Posts: 9
Hi;

I can post the judgment on this forum, but the moderator of this group should help me in uploading these files.

NRI Physician.


Sun Apr 13, 2008 8:22 pm
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forum Moderator

Joined: Wed Dec 28, 2005 3:16 am
Posts: 747
Location: California, USA
Hi,
You could mail the file to "info@498a.org", we will get it from there and upload.
Thanks,

Satya


Wed Apr 16, 2008 1:01 am
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Joined: Wed Oct 24, 2007 10:23 pm
Posts: 12
Location: India
Hi!

My parents were granted bail on conditions of surrendering passport and paying a deposit. It is going to be 2 years and the case is still going on.

My lawyer already took an amount to get my mother's passport back. He gave the impression that he is getting the passport forever. Now he says she should surrender her passport after 2 or 3 months.

I want to know if I can get my parents' passports back forever.

Kindly advise.

Ishika


Sat May 17, 2008 4:44 am
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Joined: Sat Mar 01, 2008 1:28 pm
Posts: 9
Hi:

It's a good question! I have no idea about this legalalities. Some one having knowledge with this matter here on this forum, can send in there advice. I wish you the very best in the fight for the justice!

498a Victim.


Wed May 21, 2008 6:47 am
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Joined: Tue Sep 18, 2007 10:32 pm
Posts: 136
The way to approach it is - first take the passport out for a short time. During this time, make a foreign trip, if permissible. Do it one more time. Then request the court to give it to you forever. Given the previous conduct, the court might give the passport back permanently.

Also, there are certain jusgements that can be used to get your passport released permanently. Look at judgements.498a.org.

Rgds,

Andy


Wed May 21, 2008 8:47 am
Profile YIM

Joined: Wed Oct 24, 2007 10:23 pm
Posts: 12
Location: India
Thank you, Andy.

Ishika


Fri May 23, 2008 1:39 pm
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