Legal Question in Criminal Law in India

Re - foisting a false criminal case
Iam living and studying ph.d in USA for the past 5 years. I Got married in april 2006 and brought my wife in a dependant visa to usa . My wife was not interested in living in USA since I have only limited money as a student. So she went back to India and foisted a false domestic violenc criminal case on me. The court sent me a summon, but I couldnt attend the hearing on march 1st 2007. [due to academic reasons]. Now, my indian passport is expiring by november 2007 and I need to apply for renewal. The Indian consulate general at Washington says that passport cannot be renewed if there is a criminal case pending in India and I have to go to India to attend the hearings. He says that he will give an one way emergency travel document to India. But that is a false case that was foisted by my wife. Her main aim is to spoil my life and studies, make me come to India and get arrested in India. How should I get my passport renewed? [I struggled for 3 years studying towards my ph.d degree in USA and in another 2 years I will be getting my degree. Now if I dont have a proper passport, I cannot continue my studies at my university due to the strict regulations here at the university]. Please advise me on how to get the indian passport renewed

Asked on 5/06/07, 1:12 pm

3 Answers from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

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Re: Re - foisting a false criminal case

You can appear in the case through your lawyer, who can proceed with the matter even your absence. You can even apply for and obtain orders of court in which your case is pending for renewal of passport.

If you can prove that case filed by your wife against you is false, you can even prosecute your wife for instituting a false case.

Answered on 5/07/07, 2:59 am

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Vishwa Arya Arya & Co.

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Re: Re - foisting a false criminal case

You may write to the court concerned that you need to renew your passport for which court's permission is required. The court would give permission for renewal of the passport with direction to the consulate for doing the needful. till then, you may appear through counsel with permission for your exemption from appearance especially on the ground that u are in the process of completing your ph.d

Answered on 5/06/07, 1:32 pm

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