Legal Question in Family Law in India

hi,

I am an Indian Citizen ,who has been working in USA.

I am an accused person in 498-A case.NBW and criminal proceedings are pending against me from 3 years in Indian court.

I am not coming to India to face the trail.

So passport officer impounded my passport with out sending show cause notice to me.

passport officer just sent the impounding order to me saying that my passport was impounded as per passport act section 10 (3) (e) & (h).

I have few questions.Please help me.

1) is there any article violation involved by impounding my passport as per passport act section 10 (3) (e)&(h)?

if yes, ple let me know which article is violated in Indain constitution by impounding my passport.

2) if the passport act section 10(3)(e)&(h) violates articles of Indian constitution, why the passport act is there?

3) As my passport was impounded, there is a chance to loose my job and immigration status in USA. how can I defend my self in this case?

4)if the High court of ANdhra Pradesh directed the passport Officer to impound my passport, in this case, can the passport officer has power to impound my passport with out sending show cause notice to me?

It would be really helpful to me, if you can let me know .Thanks in advance


Asked on 6/08/10, 6:05 am

2 Answers from Attorneys
Pravin Vaidya Independent

Please advise whether you have represented yourself in the corurt in India through lawyer? If so what your lawyer has to say when proceeding has reached to this serious stage? Please submit full particulars including copies of case papers for providing professional advice. Professional charges will apply

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Answered on 6/10/10, 3:34 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

(a) The passport authorities are required to send you notices on the address given in the passport and not on your current address.

(b) Your statements are contradictory. On the one you are saying you are US citizen, and on the other hand you are worried about your immigration status ? Please be clear about your own situation and then seek guidance. If you are a US Citizen, you do not need to worry about your Indian passport being impounded as that cannot affect your immigration status and job in USA.

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Answered on 6/10/10, 9:02 pm


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