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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

 7 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

MRA   31 October 2024

Hi,

Get in touch with the nearest Men's rights organization like Save Indian Family Foundation or any other MRA organization near your location (by Googling for any of their helpline number). Or post your contact number here so someone can get back. Your 498A matrimonial issue has been going viral in Twitter. They might be able to help

John Rum   31 October 2024

could you share the link of the tweet? 

I am not aware if it is going viral. 

 

Thank you

T. Kalaiselvan, Advocate (Advocate)     31 October 2024

You can approach high court directly with a petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Section 528 of the BNSS deals with calling for records to exercise powers of revision. It also recognizes the inherent powers of the High Court to make orders to prevent abuse of the court process, secure the ends of justice, or give effect to any order under the Code

The High Court can exercise its inherent jurisdiction under Section 528 of the BNSS to entertain and act upon a petition filed under this secrtion.

The external organisations can only give you support which are momentary and cannot be legally enforceable because such organisations are toothless and they work only for their own monetary benefits instead of helping the victims.

You may have to follow it up lkegally through your own advoc ate and if your advocate is not cooperating then you can engage any other lawyer of your choice 

MRA   31 October 2024

Contact Save Indian Family Foundation or other MRA NGOs near you for help by Googling the helpline number. Or comment on one of their posts that you are the victim & share your contact number. Below are some tweets that I came across.

https://x.com/realsiff/status/1851884782826762609

https://x.com/NCMIndiaa/status/1851964195308257573


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