Legal Question in Immigration Law in India

Hello,

I received a letter at my Indian address from passport office that my marital status is wrong and I need to return my passport to the office. I am in United states on H1B visa. My father went to passport office and the clerk there told them that my husband ( legally separated and we are in middle of divorce and child custody case) has filed complaint with Indian police that I have given the marital status information as single.

I do have marital status as single and I am ready to get the passport information changed with whatever fine I have to. It was a mistake since I was applying for a duplicate passport in the lieu of my old stolen passport.

My old passport had my status as single and I just copied my old passport form in a hurry.

My father was told that I need to return to India and fix the situation. I have to go to police and may to to court to fix the issue.

I am reading all these forums about such passport issues and say that it can be fixed overseas with Indian embassy.

Then why is my passport office making a huge deal out of this? have they accepted bribe from my husband to trap me in India?

The job I have in USA is the only way to support my parents and my kid. I dont want to spend any time in India over petty issues like this especially when I know this is a trap for me by my husband.

I don't have any orders from court that I can't leave the country. In fact I just attended my child custody and divorce case in India. My husband can of course never file 498a against me. thank GOD!

I want to know what should I do in this situation. I don't want to go to India and get stuck with my passport impounded over my marital status.

Should I hire a lawyer? Can this be fixed from USA through Indian embassy?

Please HELP..


Asked on 8/06/12, 8:11 pm

2 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

Dont panic . Everything can be sorted out in USA alone. Go to Indian Embassy in USA . What part of USA you are living ? The Embassy guys will guide you everything and if you feel that it will take some time out of your busy schedule then engage a lawyer/attorney to do this work/job for you. Incase you need any further clarification(s) please feel free to ask me or ask my offices in USA by just typing my name or my law firms name on the internet ( Sacramento and Florida )

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Answered on 8/06/12, 10:29 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as the complaint was lodged in India by your husband, the best way is to retain a lawyer in India and you execute a notarized power of attorney in favor of your father attested by Indian consulate in US. on the strength of your attorney, the lawyer would represent you before the passport authorities and if need be file a suit for corrections in the passport. i think you unnecessarily scared of your husband. your husband cannot file a 498a against you but you can lodge an f.i.r. u/s 498a against him. you may carry on this legal process without putting your job at stake. you do not have to come to India to fight out these irregularities.

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Answered on 8/07/12, 10:01 am


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