Re: [SaveIndianFamily] Important - NRI passport re-issue with existing false 498a, 125, dv etc

 

Hi Victim,

Your advise and suggestions have been extremely useful. Thank you once again

• You are right I am looking to frustrate them at such a extend so they withdraw their cases and come for mutual divorce
• However they recently filed 498A and since it can't be withdrawn it needs to be disposed. 
• You are absolutely right; If we have not done anything wrong then why to hide and not to fight? - Well after reading SIF members horrific stories and the kind of women centric law india has; I have no faith in Indian Judiciary at tall. Sorry to say but that's the truth. There are few success stories but majorities of people stuck in India forever with running pillars to post. 
• For instance in my case; in 125 case; court already passed interim order and amount being accumulated; and court is about to pass ex-parte order in this week. Imagine even If I fight to tooth-nail, file change in circumstances even though  I have to deposit 50% in order to high court consider my plea. Plus there is no doubt I had to pay to them. Again even if I fight 125, DV through POA; my sal details, employers everything would be exposed so court would obviously order exorbitant amount. Irrespective how well I fight; she can still claim maintenance in 125 and DV. 
• If I am not available at all; let any court pass any order; opposition is going to be frustrated. Atleast I am seeing those signs from last 3 years. I am trying to break their morale through this tactic. 
• As far 498A is concerned; my parents got AB but with strict conditions such as surrendering pp, can't go even outside state etc. Imagine If i get same conditions besides career is over that's for sure; I wouldn't have money to fight against opposite party. It is really delicate situation. 
• The kind of proof I have I am almost certain that in trial my parents would get of it. so their ill intention to find me & get hell money out of me would go in vain. 

True there is a lot more on stake not just career. So now to decide my next course of action; here what I am thinking to do

• If I apply for re-issue of pp and gets rejected; I will go to India to fight all cases in person; and make this rejection as tech ground infront of court to know them that I wasn't aware about any of the case against me and the moment I came to know this I came here to fight 
• If I get lucky I would make them frustrated further by decade; by that time they will loose their moral, will, fighting spirit etc. Mrs. 498A father will get retired and will probably go through financial crunch. Hopefully by that time India will amend 498A and make it compoundable. Who knows what can change in next 10 years.  Then they might realize to settle and get others cases let it go 

Yes I need valuable suggestions from other learned and experience members. 

Suresh

On Sunday, July 26, 2015 11:13 PM, "Victim wali6963@yahoo.in [saveindianfamily]" <saveindianfamily@yahoogroups.com> wrote:

 

After reading your last para, I sincerely hope that you are trying to bend them to terms which are reasonable and correct.

Agreed, frustrating the opp party is fair in any fight. It may somehow relieve you in 125 and DV, but doesn't help you in 498a, as far as I have understood. Unless you have decided to go for compromise/settlement at the end. There are other strategies, where you pay a survival amout to her, and at the same time fight your case and use all delay tactics of court to frustrate the opp. OR you don't delay the fight and end the case, with no maintenance. If the allegations are false, then why don't you fight. 

For 125 and DV you don't need to go to Ind, you can give POA to your lawyer, and he will represent you. First let them find you, let them give you notice.

I don't know for 294,506 , but for 498a you will have to be there.

You can go there in the initial stages of the case, and then seek exemption from court, also get your passport back in the meantime, and later travel back to work, you would need a few months (maybe 3) depending upon the city you live in, to get back the pp and to go back to work (of course there are a lot of uncertainties). I have read a SIF fighter's story which is similar on above lines.

Still, seek advise of the learned and the experienced, by showing them the complaint copy. And then make your strategy. Ask your parents to join the SIF meetings in your town.

For you your career is at stake, for others there is lot more at stake, which is dearer to thee.

I am one of those who favors Justice, in a system which also has unjust tools.

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From: Suresh AV <sureshav13@yahoo.com>
To: "saveindianfamily@yahoogroups.com" <saveindianfamily@yahoogroups.com>; Partha Sadhukhan <sadhukhan.partha@gmail.com>; Victim <fairandjust2004@yahoo.in>
Sent: Sunday, 26 July 2015 8:15 PM
Subject: Re: [SaveIndianFamily] Important - NRI passport re-issue with existing false 498a, 125, dv etc

Hi Victim

Thanks for your amazing advise. True, Mrs. India doesn't know my whereabouts and I am almost certain that she doesn't know my pp details. My previous passport issued before marriage so It was clean application. In that passport I still have single status. Haven't changed yet.

Today I spoke to one of the SIF volunteer and 498a/DV victim living in Qatar. He told me that I should go back to india and surrender to court and start fighting cases. If I do so I would be loosing the job, there won't be any income and I would be ruining my career at the same time. 

Whereas I read from other few SIF members that frustrating opposite party is the good tactic to make them bend to our own terms. 

I am bit confused; what do you advise?

Suresh

On Sunday, July 26, 2015 8:53 PM, "Victim wali6963@yahoo.in [saveindianfamily]" <saveindianfamily@yahoogroups.com> wrote:

 

As per my little knowledge and inference, pp if re-issued at embassy, they only cross check with the regional pp office to know whether there was any issues while granting you the pp in your previous attempt. If there was any adverse remark, they will give u a short validity pp, but it will be re-issued, as u are in foreign land. They will advise you to get that clarified back in India, next time you re-new.

and you can keep re-newing it in Qatar again.

And if there was no remark, it gets re-issued for full term of 10yrs. 
 

I assume you have no LOC issued on your name, as Mrs 498a might not be having your passport details.

W

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From: Suresh AV <sureshav13@yahoo.com>
To: "saveindianfamily@yahoogroups.com" <saveindianfamily@yahoogroups.com>; Partha Sadhukhan <sadhukhan.partha@gmail.com>; Victim <fairandjust2004@yahoo.in>
Sent: Sunday, 26 July 2015 8:38 AM
Subject: Re: [SaveIndianFamily] Important - NRI passport re-issue with existing false 498a, 125, dv etc

Hi Victim,

Thanks for your valuable feedback. 

• Yes 125 is going on. They filed 3 years back and I learnt that court passed interim order. Further I got to know that Judge is about to pass Ex parte order - this would be final judgement. Since they couldn't locate me
• I didn't involve myself in any case so far. OR Not fighting any case through POA. Althogh my parents hired lawyer. They got AB with specific conditions such as surrendering their passport etc.
• I am working in Qatar
• Yes I have valid work permit & VISA. only problem is to re-issue pp.
• I do not have permenent property aborad. 
• My parents filed an affidavit in court stating that I have broken all relation with them due to taking side of their daughter-in-law to rescue themselves for unnecessary harrasement from Woment Cell, multiple polie stations and courts. Since opposition was trapped and couldn't do anything they filed DV, 294,506, 498A to make sure my parents get harrased by hook or crook

Suresh AV

On Sunday, July 26, 2015 12:09 AM, "Victim wali6963@yahoo.in [saveindianfamily]" <saveindianfamily@yahoogroups.com> wrote:

 

As per my knowledge, no PC/PV takes place if re-issue done in foreign country. Logically speaking, how can PC/PV be done when you r staying abroad? even if they do, they will not find you at your permanent address as you are abroad. For which you need to submit work visa copy and social security card of foreitgn country. (In which country are you working?)

PC/PV will be done the next time you change your pp after 10 years, that too if it is done in India. Else no PC/PV until you stay abroad.

Tell me if your 125 case has started? or still notice not yet served to you.

Is any case started and running through POA?

In which country are you currently working?

Do you have work permit? and proper Visa?

As I understand, your foreign address cannot be your permanent address, it is just your current address. Do you own that property/ or just on rent?

If you give your sister's address of India, you will need to submit address proof of same. I don't think you would need to do that. Things are more smoother and easier to get if there is no change in the pp details at the time of re-issue/re-newal.

Your parents had to submit their pp as it could be one of the conditions for AB. Did they apply for your AB also?

W 
 

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From: "Suresh AV sureshav13@yahoo.com [saveindianfamily]" <saveindianfamily@yahoogroups.com>
To: "saveindianfamily@yahoogroups.com" <saveindianfamily@yahoogroups.com>; Partha Sadhukhan <sadhukhan.partha@gmail.com>; Victim <fairandjust2004@yahoo.in>
Sent: Saturday, 25 July 2015 10:40 PM
Subject: Re: [SaveIndianFamily] Important - NRI passport re-issue with existing false 498a, 125, dv etc

 

Hello Victim

If I re-issue passport with same old address; do you think that no PC/PV would happen? Because Recently My parents got AB and my native town session court asked my parents to submit passport. So I am bit apprehensive if police would avoid PV in my case..

I was thinking if I give new permanent address of foreign country or address where my sister stays; then even if PV/PC happens  then it would be clean.. what you say?

Regards

Suresh AV

On Saturday, July 25, 2015 11:31 PM, "Victim wali6963@yahoo.in [saveindianfamily]" <saveindianfamily@yahoogroups.com> wrote:

 

As the notices, have not yet reached you/or served on you, apply through regular procedure in your foreign country to the Indian embassy/consulate over there.

No need to mention about any cases as it has not been served to you yet (as though u are not aware of it), mention same address as your permanent address, in which case u won't need to attach any more documents as address proof. If you re-issue/renew your passport in forieng country, there is no PC/PV. Just attach your social security card/and visa copy.

You can apply now, don't need to wait for 1 year.

(I don't know about high commission/ - may be you have diplomat passport? )

W
 

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From: "Partha Sadhukhan sadhukhan.partha@gmail.com [saveindianfamily]" <saveindianfamily@yahoogroups.com>
To: Suresh AV <sureshav13@yahoo.com>
Cc: saveindianfamily@yahoogroups.com
Sent: Saturday, 25 July 2015 9:25 PM
Subject: Re: [SaveIndianFamily] Important - NRI passport re-issue with existing false 498a, 125, dv etc

 

Oh for high commission people it is different. You are privileged lot. Please check the passport website for more.

You may be able to renew easily.. Just check..

On Jul 25, 2015 11:50 PM, "Suresh AV" <sureshav13@yahoo.com> wrote:

Hi Partha,

Thanks for your feedback. I would be applying through Indian High commission where I am working or Gov authorized company so if you are NRI how is it possible to get certificate from IPS/IAS?

Another query; assuming post facto; even if my passport get blocked; I would still have 10 years assuming I stay in the same country

Regards

Hiren

On Saturday, July 25, 2015 10:12 PM, "Partha Sadhukhan sadhukhan.partha@gmail.com [saveindianfamily]" <saveindianfamily@yahoogroups.com> wrote:

 

There may not be pre verification but after you get the passport there will be post verification and the passport can be blocked afterwards.

In tattkal there is a need of a verification certificate from an IAS or IPS officer so that the PV is not done. But afterwards there is verification..

Partha

On Jul 25, 2015 10:47 PM, "sureshav13@yahoo.com [saveindianfamily]" <saveindianfamily@yahoogroups.com> wrote:

 

Dear All,

 

My wife filed false cases against me and my entire family - 498A, 294, 506, DV and other few sections. These cases are in addition to 125

 

I have a peculiar question. 

 

My passport is set to be expired in less than a year; I would like to re-issue my passport but the problem is that they filed various cases at my permanent address. Therefore I am extremely pessimistic that my PC (PV) won't go through and my passport won't get renewed. Furthermore In passport application I needed to provide permanent address so it would be obvious It would go through PC/PV process.

 

Quick Notes

 

·         I am NRI , staying abroad since last 4 years. They have been sending summons/notices to my permanent address; but they have failed since no one has accepted so far

·         Opposition knew nothing of my whereabouts -i.e my aboard address, company, contact no. etc

 

As a Way out I was thinking couple of options.  Need your valuable advice. 

·         Apply under Tatkal with same address / Same state where PV/PC  is post facto

·         As my own sister owes a flat in different Indian state – Can I make the use of that address and while applying for re-issue of passport; can I use that address as permanent? As of now I don't have such documents as this address proof.

·          Since I still have approx. 1 year; Should I rent a flat in different state;  change existing bank a/c address to new address and then apply

·         Since I have been in different countries as of now I don't have any residential / present address as address proof – But If I rent a flat aboard where I am staying; can I show that address proof as permanent address?

 

Recent Development / Ray of hope

 

·         There are couple of news  / articles mentioned that There is no PV required when to renew passport.  - http://timesofindia.indiatimes.com/india/Passport-delivery-to-become-hassle-free-no-police-verification-in-case-of-renewal/articleshow/37724655.cms

·         Of-course as we know that there is a difference between renewal and reissue so I digged further and found in MEA site (under Rajyasabha Q&A section) that there is a clarification. Even for re-issue there is no PV required - http://mea.gov.in/rajya-sabha.htm?dtl/23734/Q+NO1722+WAIVING+OF+SECOND+POLICE+VERIFICATION

 

Indeed; without saying; all women centric draconian laws (ofcourse misuse of those) didn't leave any option for Men to get justice. So I had to make them run from pillar to post till they get exhausted and come to my own terms.

 

I sincerely need your help and support in above matter.

 

P.S. – apologies for lengthy question / explanation 

 

Regards

Suresh AV

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Posted by: Suresh AV <sureshav13@yahoo.com>

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