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John Rum   30 October 2024

Canadian citizen stuck in india - canadian passport taken from delhi airport -look out circular-498a

Hi, 

I am a Canadian citizen stuck in India because of a fake 498A case. I already got divorced in Canada. 

Ex-wife is from panchkula, India. She filled a fake case in local police station. 

Now hearing date keeps moving in district court level for passport release. Seems like a lot of people are favoring them as our dates keep moving at district court. 

My employer is calling me daily to be back in Canada. My fundamental right to earn is taken away from me. 

What all I can do in India? Canadian High commission is of no help. They only provided list of lawyers. 

Can I file a writ petition in Chandigarh high court to get my passport back and get permission to fly? 

Please help me as my livelihood is impacted.



Learning

 3 Replies

P. Venu (Advocate)     30 October 2024

The query is short of material facts. Please post complete facts.

T. Kalaiselvan, Advocate (Advocate)     31 October 2024

The Supreme Court, in its judgment, held that the right to personal liberty under Article 21 also includes the right to travel abroad. The court held that the government could not impound a passport without allowing the individual to be heard and explaining the reasons for such action

If the court has not imposed any such conditions, then the person is free to travel abroad. However, they must ensure that they are available to attend court hearings as and when required, failing which their bail may be revoked.

John Rum   31 October 2024

Hi T. Kalaiselvan,

can i approach high court chandigarh or supreme court directly? 

I think my case is getting delayed at district court. Can a writ petition be filed? 

Do you have time to take up my case sir?

Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=236114#reply


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