Legal Question in Family Law in India
--- Sry I am asking too many questions. As lawyers in USA do not know about our indian law , I have many questions.
Hi, I ans my brother both are indian citizens have been living in USA on work permit (H1B ) visa. my brother got married in india as per HMA in 2006. my brother wife lodged a 498a complainant 2 years ago. The indian court issued NBW's against my brother and me 2 years ago. As we both are not going to India , NBW's and criminal proceedings are pending against us in indian court.
as my passport was expired , i got a new passport in USA from indian consulate 5 months ago. in my new passport USA address was mentioned. I got my old passport in india from passport office. my Indian address was mentioned in my old passport.
the magistrate informed passport office 7 months ago that NBW's are pending against us since 3 years. magistrate mentioned my old passport number. by that time , that is 7 months ago, i did not get my new passport.
So based on pending NBW's , passport office has impounded my old passport and my brother passport since 2 months ago. my new passport was not impounded.
As indian address was mentioned in my old passport, passport office sent show cause notice to my indian address only. But before impounding my old passport , i got new passport from USA. in my new passport USA address is mentioned. So passport office know my USA address through my new passport. But passport office did not send show cause notice to USA address. It sent to Indian address (that is what was mentioned in my old passport).
I and my brother filed writ petitions in indian high court to revoke the passport impounding order.
i have mentioned in my writ petition that I live in USA .but passport office sent show cause notice to my indian address only. passport know my USa address from my new passport. but it did not send it to my USA address. high court granted interim stay on passport impounding order.
I ahve doubts.
1) is it mandatory to passport office to send show cause notice to my USA address before impounding my old passport? ?????
2) if passport office argues that indian address was mentioned in my old passport . so they sent notice to indian address. anyhow I got the show cause notice. So there is no need of revoking impounding order. in this case, what should i do. ?????
3) I heared that my brother wife was already filed a writ petition for direction to passport office . which is pending now in the same high court. as our petitions are pending now. I heared that my brother wife filed a MP , as part of her pending writ petition , saying that to impound my new passport. as the passport office was impounded my expired passport. so there is no use of impounding old and expired passport. any how nbw is pending against me. so my brother wife is asking to impound my new passport.
can the high court direct the passport office to impound my new passport in my brother wife writ petition ( because already i got stay on my old passport impounding in my writ petition and my writ petition is also pending) when my writ petition is pending. ???
4) if the passport office send show cause notice to impound my new passport to my indian address, USA address. when the show cause notice comes to indian address, if my parents says she is not living at taht address and it will return to passport office. when the show cause notice comes to USA address also if some one says she is not living at this address. in both addresses, the show cause notices will be returned to passport office. what happens in this case? will passport office impound my new passport in this scenario? . how the passport office impound my new passport when the show cause notices are returned to them from my indian address and USA address?
5)my lawyer told/advised me , in case, high court cancelled my old passport impounding order in my writ petiiton. but in my brothers wife writ petiiotn ,it again directed the passport office to impound my new passport. when the passport office snet show cause notices before impounding my new passport to my indian address and USA address, my parents will say I am living at taht address. so it will be returned to passport office. when the show cause notice comes to USa address, some one tell i am not living at the address ,it will be returned to passport office or even i recive the notice (as the notice comes in regular mail ,that is not with acknowldgement) , passport office does not know that i received it. as the show cause notice are returned to passport office, they can not impound my new passport. my lawyer told me that as long as we do not receive the show cause notices , passport office can not impound our passports. so he advised us return the show cause notices by some one like parents or soem else saying that we are not living at taht addreses when the passport office sent .
In this case, how the passport office impound our passports?
Pls advise me............................................................................
sry I have asked too many questions. as USA lawyers does know
if i leave USA, I loose my job.so I can not go to India.
about our law .w e dont know what to do. my parents who live in india approached lawyer in india. but as they are un educated they did not understand what lawyer said.
so aking you many questions.
thanks in advance.
3 Answers from Attorneys
DEAR you are always welcome, we r here for our brothers living in other countries. So u may ask untill u satisfy.
I can answer your all the above questions in one line that court has made a stay not because it was necessary to send you notice in USA but because u was not aware that there is some notice against you. so that in the mean while you and your brother can get the Anticipatory bail from Indian court and also appoint an advocate in India to defend your case and work in USA after getting permission from indian court.
Regards
You have to surrender before Magistrate and recall the NBWs.
In these kind of matters, it is better to settle the matter amicably.
Email me: [email protected]
(1). No. because still your permanent address is that of India; at best the USA address may be the "current residential address" since you are on a temporary work permit in USA.
(2) You may hardly have any defence.
(3) first collect complete information; It may not be proper to place reliance on the basis of what you "heard".
(4) As already answered at (1);
(5) You do not need to immediately return to India.
It may be better to reach a compromise and avoid litigation.
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