• PCC for visa renewal

Dear Sir,

I filed a divorce case 2 years back, on the contrary my wife has filed a false 498A 6 months back.
So, I went to India. Spoke to the Mahila Police station in-charge and provided all the evidences. Meanwhile I got a AB and then came to UK. The police filed the charge sheet last month only. I need to renew the VISA now and need a PCC through High Commission of India in UK. Now for PCC I have to submit my original passport. So, my question is:
1) Will it be a problem to get a PCC, given that a 498A is pending against me? 
2) In case I go ahead with PCC and the PCC came negative will the High Commission of India in UK conpound my Passport?
Asked 1 year ago in Criminal Law from United Kingdom
Religion: Hindu
1. No. Mere filing of 498A  case against you will not deter you in getting PCC,

2. For the fact that 498A complaint has been lodged by your wife, your PCC will not be negative. However, hypothetically if it is considered that there is a negative PCC submitted against you, then also your Passport will not be impounded. Only extension of VISA, for which PCC is sought for, may be refused,

3. Relax.
Krishna Kishore Ganguly
Advocate, Kolkata
13528 Answers
291 Consultations
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1. Mere pendency of 498A should not be an obstacle in renewing the visa. 498A is not considered to be a heinous offence. The practice is to liberally renew visa despite the pendency of 498A, but the final word rests with the concerned embassy.

2. The passport can under no circumstances be impounded by the Indian High Commission unless there is a specific order passed by the court to do so.
Ashish Davessar
Advocate, Jaipur
19555 Answers
506 Consultations
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1) Will it be a problem to get a PCC, given that a 498A is pending against me? 

For renewal of Visa or Passport in the country where you reside now, the formalities required to be complied are to be duly complied.  However, this being an offence related to matrimonial disputes and since the case is being properly represented as also there is no restriction by court to travel abroad, you may, if required, give an affidavit to this effect and an undertaking to attend he court in India on being summoned, this will help you get your visa renewed.


2) In case I go ahead with PCC and the PCC came negative will the High Commission of India in UK conpound my Passport?
They may not do so but may seek for your deportation from that country to India.  As per law, you are not supposed to take up an employment outside the country when there is a criminal complaint pending against you, whether it is false or anything. 
T Kalaiselvan
Advocate, Vellore
17280 Answers
165 Consultations
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