• 498a Passport

My fiance and her entire family has false 498a running from last 3 years filed by her sister-in-law (so far not a single proof has been shown in court). I live in Canada and I want to marry her and call her to Canada as soon as possible.

Currently she don't have a passport and people says if I apply for her passport, it will get rejection. Is that right?

She also needs to give IELTS exam where passport is mandatory.

Our marriage is also postponing because of she don't have passport and without passport she can't get Visa, plus because of this case, I heard, even if she has a passport her Canada visa will decline. But, first, I need her passport so she can give IELTS exam.

Before and after her brother's marriage, she was studying in Surat (living at her maternal cousin's home) while her family and sister-in-law lived 400 Km far in Bhavnagar. In short, she never lived with her sister-in-law for more than a week. She still lives in Surat at her maternal cousin's home because of her cousin's wife died 10months ago after giving birth to a baby girl. My fiance is taking care of he cousin's baby (age: 10months) and boy (age: 7 years).

Please guide me about how to get her passport?
How to take her name off from the 498a case?

Her sister-in-law and family is asking for money but whenever my fiance's family get agree to pay that amount, they increases the amount. My fiance doesn't want them to know that she is engaged to me and that the case is obstacle for her to come to Canada otherwise they will ask for a lot of money.

Any help would be appreciates.

Thank you!
Ravi Patel
Asked 4 months ago in Family Law from Canada
Religion: Hindu

1) applicant against whom a criminal case is pending, is required to obtain necessary permission from the Criminal Court wherein his case is pending and then make an application to the passport authority.

2) 
Clause (f) of sub-section (2) of Section 6 of the Passports Act, 1967 (hereinafter referred to as Act) empowers the Passport authority to refuse to issue a passport or travel documents for going abroad in the event the proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal Court in India.


notification issued by the Ministry of External Affairs, New Delhi dated 25th August, 1993 in GSR 570(E). The relevant extract of the notification reads thus:- "No, GSR 570(E)  In exercise of the powers conferred by clause (1) of Section 22 of the Passports Act, 1967 (15 of 1967) and in supersession of the notification of the Government of India in the Ministry of External Affairs No.G.S.R.(E), dated the 14th April, 1970, the Central Government, being of the opinion that it is necessary in public interest to do so, hereby exempts citizens of India against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal Court in India and who produce orders from the court concerned permitting them to depart from India, from the operation of the provisions of clause (f) of sub section (2) of Section 6 of the said Act. Subject to the following conditions, namely;- (a) the passport to be issued to every such citizen shall be issued -

(i) for the period specified in order of the court referred to above, if the court specified a period for which the passport has to be issued; or

(ii) if no period either for the issue of the passport or for the travel abroad is specified in such order, the passport shall be issued for a period of one year;

(iii) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, the passport shall be issued for one year; or

(iv) if such order gives permission to travel abroad for a period less than one year, but does not specify the period validity of the passport, then the passport shall be issued for the period of travel abroad specified in the order. (b) any passport issued in terms of (a)(i) and (a)(n) can be further renewed for one year at a time, provided the applicant has not travelled abroad for the period sanctioned by the court; and provided further that, in the meantime, the order of the court is not cancelled or modified; (c) any passport issued in terms of (a)(i) above can be further renewed only on the basis of a fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad;

(d) the Laid citizen shall given an undertaking in writing to the passport issuing authority that he shall, if required by the Court concerned, appear before it at any time during the continuance in force of the passport so issued".
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
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Your fiancee shoukd move high court for quashing of 498A cases against  her  as she never resided with SIL and her brother after their marriage 
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
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The passport is likely to be rejected due to the pendency of 498A. There are two remedies for her-Either she may move the High Court for quashing of the FIR, or she may challenge the order of rejection of passport application before the HC. Tell her to consult a lawyer with a copy of FIR to get a comprehensive opinion in regard to the efficacious legal recourse which may be adopted by her.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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1. No. It bis not correct that your fiancee will not be able to get passport for the 498A case filed against her alongwith her other family members,

2. Ask her to apply for the same giving all details of facts, if required,

3. If she is not issued passport on the flimsy ground that a 498A case is lying against her, ask her to file a Writ Petition before the High Court against the passport autority praying for a direction to issue passport for her attending the examination pending disposal of the 498A case,

4. In the said 498A case her lawyer should forcefully argue to expunge her name from the name of the accused for the reason that she never lived with her sister in law and that the said complaint is ruining her future,

5. After the charge sheet is filed by the police, she can file a quash petition u/s482 of Cr.P.C. on the ground that she never lived with her sister in law and the complaint lodged against her is a false one.
Krishna Kishore Ganguly
Advocate, Kolkata
12126 Answers
233 Consultations
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You have no other option than to contest the case and challenge all her alegations in the trial court properly.

The other alternative is that she can file a quash petition before the high court venting out her grievances for having been implicated falsely with an intention to take r3venge though there is no over tax against her in the complaint nor there is any substantial substance to prove that she has been involved in the crime or offence. 

Now the question is that whether she applied for passport and got rejected?

Or she has not applied at all so far?

If yes, then first ask her to apply for passport and wait for the reply to decide further course of action in this 
regard. 
T Kalaiselvan
Advocate, Vellore
14104 Answers
127 Consultations
5.0 on 5.0

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