NRI passport renewal with existing false 498a, DV, Maintenance case

[Rakesh Mehta]

Dear All,
My wife filed false cases against me and my entire family (Parents and married sister)- 498A, DV, Maintenance. I have a peculiar question. My passport is expiring in March, 2017; I would like to re-new my passport from US but the problem is that they filed various cases including 498a and during the first hearing in Dec’2016 itself NBW has been issue for 498a in my name AT MY INDIAN ADDRESS and I m in US since 2.2 years.

Now I m in a confusion as to what needs to be mentioned for the question “Are any criminal proceedings are pending in india or in US” should I put “Yes” or “No”. I Can put “No” as there are no summons I have received in US at my present address. But where as if I select “Yes” that means I also have to submit Court undertaking with case number, last hearing date, next hearing date etc…
Even not sure what are the consequences from Passport office if they find NBW against my name may be during verification (Not sure what are all the process they do)
I don’t know and I m still checking in forums/ with friends/ Google/ Customer care etc.. as to what option needs to be selected in this case for renewal of Passport.
Need your expert guidance which might help kindly revert.

Regards,
Rakesh

[Dr. Ashok Dhamija]

Your question is mostly covered in the following article: Can a person get passport during pendency of criminal case?

Renewal of passport may be subject to Indian laws, and this may be subject to the court’s permission as mentioned in the above article.

If the authorities in US are permitting you to live in India even beyond the validity of the passport, then you may not have a problem. But, those authorities may not permit you to do so, and may insist to get passport renewed. So, ultimately, you may have to apply for passport renewal and for that you may have to seek permission of the court, if needed, by filing an application through some local person in India, explaining that you are in India. If you conceal the information even after knowing about it, the same may be an offence / illegality in itself.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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