My wife has filed false 498A and domestic violence case against me in India. We have been separated for 3 years now and I have been living in US and have green card. When I applied for my Indian passport renewal, the consulate has refused to renew the passport and instead is giving me EC (one way travel). Can you please help me understand if I can be extradited from US based on these false cases? What happens if I don’t travel to India?
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You need to contact concern police station for false 498A and DV case. Have you take AB for the concern case.
You can try to help in this matter by contacting the passport authority.
As of now you don't travel to India. As I said you need to take AB.
Your passport has not been renewed on account of 498 A case pending against you
2) you can be extradited from US based on 498 A case
They may issue a look out circular against you. You should attend the cases and settle the matter. Sit down for a compromise.
If your passport is not renewed then it stands invalid.
You cannot remain in that country without a valid passport.
So you may decide about this situation.
Extradition is time consuming process. Technically, any offence for which punishment is more than one year can be subject matter of extradition of accused. The first step in extradition is issue of arrest warrant against the accused and report by police to through Ministry of Home Affairs to Ministry of External Affairs. It is not only the arrest warrant but also a prima facie case that is there proper evidence of offence in the complaint that is taken into consideration in seeking extradition. In cases pertaining to matrimonial dispute extradition is not sought. Your concerns of extradition are unfounded. But if passport is not renewed you will face problem. The order refusing renewal has to mention the reasons for such order and the order is appealable to appellate authority. For appeal against the order you can appeal from U.S.
- Since, your wife has filed FIR u/s. 498A , then you should take anticipatory bail from the court in India without moving to India.
- Further , you should instruct your relatives in India to join the investigation on your behalf with the I.O. of the said case , as joining of investigation is a ground for getting bail from the court .
- After getting the bail, you can apply for getting renew your passport.
- Further , if you will not travel to India at all, then court can issue direction for LOC against you.
If the case in trial stage, get it expedited. Also is tgere any LoC pending? If so get it vacated.
Regards
G.Rajaganapathy
High Court of Madras
Dear Sir/Ma'am,
If you plan to come to India, Since, your wife has filed FIR u/s. 498A , then you should take anticipatory bail from the court in India without moving to India. Further , you should instruct your relatives in India to join the investigation on your behalf with the I.O. of the said case , as joining of investigation is a ground for getting bail from the court .
After getting the bail, you can apply for getting renew your passport.
Further , if you will not travel to India at all, then court can issue direction for LOC against you.
Thank you everyone for your response. Yes, my parents have been representing and participating in all court proceedings and did participate in prior police investigations. We have already filed an appeal in the high court to quash the FIR. I have filed a DV case as well. My sense is that court proceedings will continue from my parents' side since their name is in FIR as well and my parents/lawyers will represent me in the ongoing discussions too. My question is in the eventual stage when Court issues a warrant against me and I don't have my Indian passport but have a US green card for next 10 years, what steps can my wife take? Have you seen anyone extradited from US who has a green card but no Indian passport? Anything I can do to avoid this from happening, except traveling to India.
LOC would be issued against you
2) in the event you come down to India to meet your parents you can be detained at the airport by the immigration authorities and would be produced before magistrate
3) better option is to come down to India apply for anticipatory bail from sessions court
- As i mentioned , you should apply for getting anticipatory bail , and to quash the FIR .
- Since, you have not India passport , then the question of impounding your passport doesn't arise.
- However, if you will come to India , then you can be detained .
If your passport does expire while you're abroad, and your passport is the only valid travel document that's accepted for your nationality in that country, you're probably breaking some other law as well, like overstaying your visa. ... Though, you still might up ending being fined by the host country.
In some cases, you may want to delay leaving the United States until you have renewed your passport. You will not be able to re-enter the United States without a valid passport. If your expired passport has a valid visa, you can still use that visa if you kept the old passport.
The U.S. Embassy/Consulate does not have the authority to transfer visas or stamps issued by other countries. When you renew your passport, your old passport will be cancelled but not your valid visas. You should then contact the appropriate authority of the issuing country for further instruction.
Requests for extradition on behalf of the Republic of India can only be made by the Ministry of External Affairs, Government of India, which formally submits the request for Extradition to the requested State through diplomatic channels. Extradition is not available at the request of members of the public.
As defined by Hon’ble Supreme Court of India, ‘Extradition is the delivery on the part of one State to another of those whom it is desired to deal with for crimes of which they have been accused or convicted and are justifiable in the Courts of the other State’. An Extradition request for an accused can be initiated in the case of under-investigation, under-trial and convicted criminals.
Check the real issue behind the renewal of passport.
As defined by Hon’ble Supreme Court of India, ‘Extradition is the delivery on the part of one State to another of those whom it is desired to deal with for crimes of which they have been accused or convicted and are justifiable in the Courts of the other State’. An Extradition request for an accused can be initiated in the case of under-investigation, under-trial and convicted criminals. The extradition process enables governments to bring fugitives abroad to justice, but it can be fraught with political tension, even when a treaty is in place.
The process of extradition is invoked and negotiated on the basis of established International legal principles. International extradition is a legal process by which one country (the requesting country) may seek from another country (the requested country) the surrender of a person who is wanted for prosecution, or to serve a sentence following conviction, for a criminal offense. In the United States, international extradition is treaty based, meaning that the United States must have an extradition treaty with the requesting country in order to consider the request for extradition.
A person can only be deported/ extradited, if he is wanted by any Law Enforcement Agencies in criminal case. Normally, criminality is covered by the law of that country, where accused is residing and India has extradition treaty/arrangement with that country.
From your query, it could be understand that, your parents properly represented before the court and already initiated quashing of 498A.
Please do understand that, recently Indian Government ratified two UN Conventions its protocols in Extradition matters .
1.Where there exists an Extradition Treaty between the concerned countries, the extradition request has to be in terms of the specific requirements therein. In terms of the Comprehensive Guidelines for Investigation Abroad and Issue of Letters Rogatory (LRs) issued by the Ministry of Home Affairs, extradition requests are made only after the filing of a charge sheet, cognisance of the same and issuance of an arrest warrant. If the accused is to be arrested and produced in the courts of India, the requisite action is through the extradition process. Thus, after the Investigative Agency has filed the charge sheet, if the Magistrate takes cognisance of the same, issuing orders/directions justifying the committal of the accused to trial and seeking the presence of the accused to face trial, the request for extradition would be made to the Ministry of External Affairs.
when a person has a criminal case be it 498A or any other pending against him, he can get a passport.
For that two formalities have to be completed
1.The permission from the court as required under GSR70 dated 28.08.1993
2.He has to give a self-declaration detailing the case/spending against him/ her also an undertaking that s/he would appear before the court as and when required.
Dear sir,
After you are proven to be guilty at the final stage after all appeals are over that is at the level of Supreme Court, then under US immigration laws you will be deported back. The only way to escape from this to increase your chances of winning the case. However, if at some stage of the legal proceedings, you feel that you are not going to come out as victorious, then you may have to go for a settlement with the other party. Thank you.
1.Have you attended the cases filed by her against you? What are their status? Has any adverse order or warrant been passed/issued by the Court?
2. If yes, then your passport will not be renewed and you might be extradited for want of a valid passport in due course of time.
1. There is hardly any case where the green card holder does not have the required passport.
2. You are still a citizen of India and require a passport to travel overseas.
3. Your sense and interpretation of judicial procedure in India is f no relevance in the instant matter.
4. Find out the status of the cases.
5. File a petition praying for an order directing the MEA and th Indian Consulate of your place to renew your passport after you attend the hearings of the cases.