Dear client,
1) General power of attorney with the Indian Consulate
2) it is better to apply in the high court where you go stay order
Thank you
Passport renewal with pending 498A
I am in USA currently with my family. My brother's wife has filed 498A on my brother, my parents and me. We have got a stay order in High Court. Charge sheet is not filed yet. I need to renew my passport by June 2022 in Indian Consulate in USA. I understand that I need to get court NOC and submit my affidavit to issue a Short Validity Passport. My lawyer says that Power of Attorney is required from me to apply for a court permission. 1) Should I apply for General Power of Attorney to give to my father with Indian Consulate or with local attorney in USA? 2) Should I apply for NOC in Sub-Court which has jurisdiction on the case, or should I apply in the high court where we got stay order?
Asked 4 years ago in Family Law
Religion: Hindu
13 Answers
1) You can execute specific POA in favour of father
2) get it attested before Indian consulate
3) apply for NOC in trial court
1. You can execute a POA for the court suppose in favor of your father from the country of your residence, which can be attested by a local notary public of the country of your residence or by an official at Indian consulate.
2. The NOC has to be furnished by the court where the case is pending for trial.
1) You have to execute a specific PoA in your father's favour for the purpose of obtaining an NoC from court on your behalf. It has to be executed there and either notarised or attested by Indian Consulate.
2) You have to apply to the sub-court where the case is pending.
Draft GPA in favor of friend/relative giving him power to appear and obtain permission from Court. obtain attestation from Indian Consulate/High Commissioner on GPA online as walk-ins are suspended due to Covid. Send that GPA to friend he can do all formalities for you.
Apply for permission in the Court in which criminal case is pending. Only if such Court refuses permission you can prefer an appeal to High Court.
Yes
Yes apply before trial court
1. Since you got the stay order from the High Court , then after submitting the certified copy of the order , you can approach the Indian consulate for renewal of the passport
- Only lodging an FIR is not enough for refusing the passport renewal , until there is a court direction to impound the passport to surrender the same before the court.
- However on refusal by the consulate , you can execute a POA in favour of any relative in India after notarized the same and attested from the consulate of India.
2. If refused by the consulate then you can move an application before the lower court in India for getting renewal direction .
1. You should get your POA executed in favour of your father attested by your local Indian Consulate.
2. You can file an application before the High court praying for an Order upon the Passport Authority directing them to renew your passport without considering the 498A FIR registered against you as the reason for refusal, till the matter is disposed of.
As a follow-up, My lawyer insists that since the trial court has not yet taken up the case and still in FIR stage (no charge sheet filed & an interim stay order is in place), I just need to furnish the FIR number along with a letter explaining the case and proof of the interim stay from high court when applying for passport renewal at the Indian Consulate. Below is the history of my case: I am in USA currently with my family. My brother's wife has filed 498A on my brother (who is also in USA), my parents and me. We have got an interim stay order in High Court. Charge sheet is not filed yet. I need to renew my passport before June 2022 in Indian Consulate in USA.
Asked 4 years ago
In your application for renewal enclose certified copy of stay order passed by HC and copy of FIR
You can proceed with the application for renewal of passport as per the advice of your lawyer.
If the Indian consulate insists on court order, then you may file an application seeking permission of court to renew your passport.
Yes if charge sheet is not filed you can avail passport without noc of charge sheet is filed then you have to go for noc from trial court
Please go by your lawyer's advice, in that case. If the Consulate objects for some reason, you may consider further appropriate action.
Dear client,
charge sheet must be filed within 90 days or else you will have to tell the magistrate to instruct police about this.
Thanks