Dear All,
My wife filed false cases against me and my entire family - 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 in my name due to the fact that postman has given the remarks as “unclaimed” instead of "Applicant is not available" and i hope that is the reason court issued NBW even though it is my first summons. When asked to Postman he said since my father is accepting other documents of mine (due to GPA given to him) why not he accept the summons as well.
Therefore I am extremely pessimistic that my passport won't get renewed. Furthermore In passport application I needed to provide permanent address of India (which is again a new city and I have all the address proofs related to new city) so it would be obvious It would go through PC/PV process (Not sure though).
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Quick Summary
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-------> I am NRI, staying abroad since last 2.2 years. They have been sending summons/notices to my permanent address in India; but they have failed since no one has accepted so far
------> Opposition knew nothing of my whereabouts in US - i.e. my aboard address, but they are aware about my contact no.
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As a Way out I was thinking couple of options. Need your valuable advice.
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-------> Apply under Tatkal with same address / same state where PV/PC is post facto, i dont have the any address proof of the current printed address in pasport to submit if renewal office if they need one :(
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Recent Development / Ray of hope (Took from another blog of the same forum, but still searching for best possible answers)
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-------> There are couple of news / articles mentioned that there is no PV required when to renew passport. https://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 https://mea.gov.in/rajya-sabha.htm?dtl/23734/Q+NO1722+WAIVING+OF+SECOND+POLICE+VERIFICATION
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I have also read another forum (https://tilakmarg.com/answers/can-a-person-get-passport-during-pendency-of-criminal-case) which states that whenever an NBW has been issued then Passport office may refuse to issue a passport if
(g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court;
If somebody can please suggest me the best options left with me now in these situations as my lawyer dont have much visibility as to what passport office will decide and whether they will issue/ reject the renewal of my passport because of NBW.
Secondly will there be any issue if i will apply for passport after few months (till the time may be it will get expired), as my I-797 is still valid for another 3 years (till 2019).
Indeed; without saying; all women centric draconian laws (offcourse misuse of those) didn't leave any option for Men to get justice.
I sincerely need your help and support in above matter.
P.S. – apologies for lengthy question / explanation
