Indian Passport Renewal – Filing Writ Petition in the High Court

It has been a long time since I updated this blog. Even though I didn’t add any post, I’ve been replying to the comments posted by other people who are having problems with renewing their Indian passport.

Having last all hopes from High Commission of India, as they refused existence of my passport renewal application, I decided to file a write petition in the High Court of Karnataka at Bangalore.

You might think that it will be a piece of cake to file a writ petition as the fucking great Indian constitution lays down the simple rule of filing write petition. And filing a writ petition is so simple that you can’t believe that such system exists in India.

Basically you can even file a write petition by using a post card. Surprised? Don’t be surprised this is true.

However whether the court takes your write petition seriously or not that is different case.

The problem starts when you are not physically present in India and your passport is expired. Not being present in India doesn’t deny your constitutional rights to file a write petition however it certainly makes your life a living hell when you try to file one.

Here are my step by step details of the saga of filing writ petition in the High court of Karnataka at Bangalore. Keep reading, it is the story of great discoveries, fucking incompetencies of the High Court and Indian judiciary and dumb lawyers.

1 – The research

Before I could file write petition through my lawyer in Bangalore I’ve to spent days and weeks of time in finding out what is the process, under which section I can file writ petition and to prepare the write petition by myself. Yes that is correct. Lawyers in India are dumb retard, illiterate and complete incompetent. Everyone knows who in India chooses the Law profession in India, the ones who are incompetent to get any other job. There are very few in India who really choose law profession because of their interest.

So the research involved finding out what exactly I need to write in the writ petition, finding out citations for the similar cases in the past and putting everything together. After spending weeks of my precious time and exchanging e-mail and hundreds of international phone calls with my lawyer in Bangalore I finally managed to put together a great writ petition.

At the end my lawyer said to me why you are worrying too much about the petition draft, do you want to writ petition or want to win the case? His indication was clear, the content of writ petition doesn’t matter, it all comes down to the lawyer and the under-table dealings with the court and judges. That is how you win court cases in Indian courts. Bribe them all involved and you win the case. Or if you have contacts use them to influence the outcome of the case.

Finally my writ petition was ready to be fined in the first week of March 2011.

The respondents mentioned in writ petition were followings

1) Ministry of Home Affiars

2) Regional Passport Office at Bsangalore

3) Local Police station.

You can’t drag High Commission of India in the writ petition as it is beyond the Indian jurisdiction and hence you have to involve MEA (Ministry of External Affairs) under which High Commissions and Embassies fall.

2 – Filing writ petition in the High Court at Bangalore

Once the draft was sent out to the Lawyer (via e-mail) the next challenge was to file it in the High Court.

Filing the writ petition in the high court is easy task however being accepted and getting it registered is something beyond the logic.

The case was filed however it couldn’t get accepted immediately. As usual there were strikes, holidays, judge was absent and thousands of other fucking excuses.

At one point the judge even said my case is not so important and hence didn’t give any immediate consideration. This asshole didn’t realize that we approach the high court only when all other means are exhausted and hence all such petitions need immediate attention. This dumb fuck didn’t realize that I’m without a fucking passport for over a year and it doesn’t seem to be of any importance to him.

Didn’t I say earlier that the people in law business and hence the High court judges are the refuse of the society. Which is so true.

My case was assigned a case number however it was not the end. The writ petition has to be accepted before it could be heard in the high court. My case was not accepted till (date to be confirmed).

High Court of Karnataka have a website where they maintain the case list and you can search your case, if you know your case number provided it is live and working. In most of the time it is down or under maintenance.. as usual.. fucking Indian incompetency. While Indian IT brains rule the world this dumb fucks can’t keep a simple databse driven website live.

 3 – Power of attorney for filing a writ petition in the High Court

Thinking that all went good and soon my case will be considered by a judge I was having some peace of mind. However I knew from one corner of my heart and mind that there will be more fuckups to come and I was right.

The problem happened with the Power of Attorney (POA). When you want to file a case in the court in India and you are not physically in the country then you have to give to POA to your lawyer to file your case on your behalf.

Sounds pretty basic stuff isn’t it? everyone knows that you have to give POA whether it is filing a case or in any other case where you want someone to act on your behalf such as buying/selling lands etc.

So what fucked up POA?

The fuck up was with the procedure and technical.

I’ve done a lot of research to find out the correct process of getting a POA and I was sure that I got it right. But you never get anything right with fucking Indian system. These suckers always have some stupid technical mistakes which they always pull out when you think it is all over.

The process of getting a POA was simple, at least what I found out after my weeks of research.

First get the POA draft from the lawyer.

Either ask the lawyer to send you that draft on the court paper (that long greenish paper which they use in Indian court). This will delay the process as it takes about 2-3 weeks of time to receive the  post from India and then send it back to India.

To speed up the process ask lawyer to send you the POA draft and you print it out on the greenish paper.

Then comes the most challenging and technical part. Who is supposed to sign/authorize the POA?

The correct step, as I could understand with all my research, is to first get the POA authorized from a Notary, then get an Apostille from FCO (Foreign and Commonwealth Office). This should be sufficient to be accepted by any authority in India.

The fuck up happens when my lawyer asked me to get the POA only notarized. Which I did first time. After weeks of waste of time and not to mention hundreds of pounds it was done.

Then court rejected that POA with only notary.

Next my lawyer asked me to get it authorized from the High Commission of India. So I did it again, printed the POA on green paper, got it notarized, then got an Appostille on it from the FCO office.

However getting authorization from the High Commission of India was not technically possible as my passport is expired and without a valid passport these mother fuckers would not authorize.

Translated technically without a valid passport I’m not more fucking citizen of India as I can’t get a fucking clerk to authorize a simple fucking document. Isn’t it?

However I didn’t give it up and asked my notary to visit High Commission of India with my expired passport and try to get it authorized. He told me that they will not do it but I insisted on giving it a try. I also asked if he can bribe them to get it done for which he replied that inside the Bharat Bhavan it is not possible to bribe and he doesn’t ahve any contacts to deal with them out of office.

He finally did make effort to get the POA authorized from High Commission of India at London but they refused as anticipated.

There something called Geneva Convention which states that a document authorized by the FCO should be acceptable in any country which is signatory of the convention. India is a signatory of Geneva convention so as per this convention an Indian court should accept any document which has appostille from FCO.

But as usual fucking Indian system doesn’t give a fuck to any fucking Geneva convention and follows it’s own fucking convention.

At the end of this fuck up I finally manage to get the POA notarized and Appostille from FCO. FCO attaches a small white paper (Appostille) with their stamp on it and on that appostille is is clearly mention that it is part of Geneva convention and other stuff which I said above.

I sent this document to my lawyer, he passed it on to the High Court only to be rejected again.

Till this point I have already spent £500 towards notary (2 times) and FCO charges. After wasting £500 and months of time I’m back to square one.

Who is to be blamed? I did as per procedures. But fucking Indians don’t give a damn to their own fucking constitution and rules.

Next the judge asked to get an affidavit.

My lawyer sent me another document and asked me to get an affidavit from a reputed solicitor in London.

You will think this should be another simple process. Wrong again. Anything involving fucking Indians is not simple.

I contacted few solicitors, no one replied or showed interest. One solicitor (of Indian origin) showed interest and said she can do it. The charges would be £10 per affidavit (read document).

Dont’ be surprised, £10 seems peanuts but that is the rule here in the UK. They can’t demand more money for affidavit. So that was good news that it didn’t involve a lot of money. Notary charges £60 per document with  some discount for multiple documents. FCO charges are also fixed. Notary charges more if you need more services such as visiting FCO and getting appostile, visiting HCI etc.

I spoke to the solicitor over phone and explained her the requirements. I fixed an appointment to get it done however in the last moments she phoned up and said that she needs to see all the documents which are mentioned in the affidavit.

These documents are nothing but the some annexure of the writ petition.

I had to cancel the appointment as my next challenge was to collect all those documents. I found all documents but one for which I asked my lawyer to get it for me and send it.

And I’m stuck here.

At this date my lawyer is in the process of getting this missing document which he will send probably next week, which will take another 1-2 weeks to arrive.

Then the next question is how much the solicitor will charge for affidavit. Each of these annexure has multiple pages and total it will be around 50-100 pages. If she is going to charge £10 per page then I’m fucked and I’m not going to get this affidavit. If she considers each set of document as one document then it will be total £50 or so for affidavit which can be done.

That was my story with a simple process of filing writ petition.

I’ll keep it updated as things progress.

70 thoughts on “Indian Passport Renewal – Filing Writ Petition in the High Court

  1. Hey, for some reason I can’t seem to find the date of this post and hence enquiring on your status. How’s the proceedings going? Any updates? I’m really sorry you have to go through all these torment.

    I’m about to go to HCI London to renew my passport by Tatkal service. Any gotchas I should be looking out for apart from the usual they-will-screw-you-anyway?

    One particular inconsistency I’ve found regarding the photos is that CGI Edinburgh requires a photo of 2″ x 2″, while HCI London wants a 35mm x 45mm passport photo. Is that right?

    P.S.: Is it possible to add the dates of the post in the blog template? It seems that the current template you’re using hides that info.

    • Sorry mate! Seems date is screwed up in this bloody theme. Will fix it soon. Tx for pointing out.

      For Photos you can check out the website. These assholes can’t even have same specification for photos.

      Each branch has it’s own form and rules. What a bunch of retards.

      Indian Passport Renewal at HCI London and Tatkal scheme? Are you sure you can do that? They never mention it and I’m not sure if such service exist at all. It is not mentioned on their website. So make sure what you doing is right for you. As a backup keep the regular form as well with you. You don’t’ want to get pissed off after wasting ur precious time in standing for 3 hours in front of the most gloomy building in Central London in such chilling winter.

        • Good for you.

          It didn’t exist when I applied. I wonder how do they do it? It takes weeks of time to get a reply from the RPO in India if you are lucky, and if they stick up “Adverse” status then you are done.

  2. Hey Grumpy London, i am silent reader on your blog, but now its my turn to get suggestions from experts/from experiences.
    i ‘ve checked the HCI London website and found that tatkal scheme exists. but wanted to know on what basis they will accpet application under Tatkal scheme. do we need to give reason or simply pay 100GBP extra and get things done under Tatkal?if anyone use this Tatkal scheme, can u throw some light on this.
    Abhi: Can you please update me on this Tatkal Service once you are done with Passport Renewal.
    Here is My Situation : i stay in london. currently i’m in USA on B1 visa..will be in States untill 15th Jan 2012. My Current VISA (Tier 1) expires on 01-MAR-2012 and my Passport Renewal is 01-JUL-2012. but to apply for VISA Extension in JAN, do we need to have min 6 months valid passport?? if Yes, my current passport will not be usefula nd need renewal. i will have 1 Month time to get my Passport renewal. so i must use that service. am i thinking correct ? please update me..Thanks

    • Welcome mate! Make some noise.

      AFAIK you don’t need to give any reason for tatkal scheme. You are paying more money that itself is reason. However I doubt if they really have a tatkal scheme and if they have do they really make it tatkal or just milk money and do the usual donkey work?

      You don’t need 6 months on your passport to apply for VISA extension. I got extension with just a week of time on my passport.

      Always get Visa extension first. And apply for Visa extension in person, go in morning and walk out with ur visa extension by evening.

      • “You don’t need 6 months on your passport to apply for VISA extension. I got extension with just a week of time on my passport. ”

        are you sure that we don’t need 6 months valid passport for VISA extension..sorry for asking twice..just to confirm again..if this is the case, i can go for visa extension first if i feel that passport renewal is going to take more time…. Thanks..

        • Krishna,
          There are many Visa categories in the UK now and each of them might have their own set of rules. The best for you will be to check Home Office website and red their rules. If it is not mentioned there then you don’t need to worry.

          Tier 1 used to be called HSMP earlier under which I came to the UK. I applied for ILR when I had just few days left on my passport.

          Basically you can even apply with an expired passport, in which case they issue the VISA on a piece of paper called ISD.

          Above are my own personal experience and research which I did when I lats applied for ILR.

          Don’t take my words for it, check on Home Office website for the extension rules.

          Home Office website used to be simple in the past, now they have fucked it up with hundreds of different VISA categories. I don’t visit it any more and I don’t need it anymore. I’m done with UK Home office for the rest of life as I’ve ILR.

    • I’m just back from HCI London. The tatkal scheme, for some very odd reason, doesn’t “work”. Or so they say. Seems like ‘tatkal’ scheme is some sort of machine that went kaput. I would suggest you try to renew your passport in USA under tatkal scheme as they seem to do it efficiently than in London. I’ve been told it’s much better now in London (since when, I’ve no idea). If you renew your passport in USA your Tier 1 is still valid and you need not transfer that to your new passport. I also learned from today’s experience that written passports do not qualify for tatkal scheme. So if you do have a passport whose front/bio page is hand-written, then I believe tatkal scheme will not work for you. But hey, they say different things each time so it might be worth to check it out with the consulate you’re going to approach.

      • ” I also learned from today’s experience that written passports do not qualify for tatkal scheme.”
        That is hilarious. Tatkal scheme has been in place before they stopped writing with hands. Most of the passports expiring now would have been issued 10 yrs back when they still used hands to write so how could they say that hand written passports don’t qualify for tatkal scheme for renewal?

        BTW how else they print on passports now? Do they type with typewriter? Certainly they don’t know how to use computer. Last time I was inside HCI London office I saw old clerks writing on passport with hands and if I’m not wrong those were the passports being renewed.

      • i cannot apply for Passport renewal in USA,since i’m here on Business Visa (non-Immigrant). they can give 1 year visa that too if its emergency. so its difficult to renew here in USA. Luckily my Passport is not hand written, i might get chance to use tatkal facility. first i will try to apply for Passport renewal and then for VISA Extension ( wanted to add my Spouse name on my passport before going for Visa extension, so that it will not be an issue in applting their dependant visa from India). recently i’m hearing lot of dependant visa rejectionsl so don’t want to take any chance in that. Thanks mate for your prompt replies…will keep in touch..

        • Hi Krishna,

          I’ve just received my new passport yesterday :)… My application took approximately 5-6 working days to get processed. I submitted it on Nov 8th and the date on my passport says that it was issued on Nov 15th (despite mine being a written one). So I’m quite happy with the service I got. My guess would that it should only take you the same or less time to get yours done in London. But don’t quote me on that because this whole blog spun out from the misery of what Grumpy Indian is going through. I wish he gets his passport sorted out ASAP.

          • Hi Abi,

            Good to know that your passport was renewed promptly. Were you an Edinburgh resident and applied in London? It appears that youu applied under the normal scheme as tatkal didn’t work but what document did they request to show emergency?

            I have been trying to contact Hci london for three days now but no one picks up the bloody telephone and there is no reply to emails. I suspect many others reading this blog face the exact same situation!

            • They wanted a letter stating what the emergency was. This can be a letter from your employer requiring you to make an urgent business trip or a letter from home requiring to return for whatever urgent matter. That is what I understood from them.

  3. lets all use #hcilondon on twitter to put all our problems. we need media attention on this, there is no other way to get this corrected.

  4. Why don’t you get British citizenship and then apply for OCI. If you really want to keep Indian passport then at least you can travel to India with British passport and get it sorted in India.

    • Tx Mate! I know that.

      British Citizenship is not my birth right, they don’t just dole it out to everyone who has been living in this country for over a decade. Well yes they do this only to illegal immigrants and all those refuse of society but not to people like us.

      There are a lot of paper work to be sorted out before I could apply for that.

      But yes British Citizenship has been in my mind since I got screwed up by these incompetent Indian bureaucrats.

      Let’s see how it goes.

  5. Hi all, got my passport today after the old one expired after 10 years. To be frank i was quite worried especially after seeing what has happened to others. I was asked to collect my passport after a month but tried my luck after 20 days and luckily got it. But there are definitely things which can improve… For ex they need to have a online appointment booking system, this method of getting people to queue up early morning is really shameful. They should improve their website, ask somebody to answer phones, be courteous etc. at the same time people need to be more sensible. They wont dare to break the line or make noise in another embassy, but in indian embassy its free for all. I would still say a far better service than indian passport offices where you dont know whats happening unless you bribe people

  6. Hi,
    I have a 498a and DV case going on in India and which is pretty under control by my lawyer. Now my ex who is India desperately wants me in India to tak revenge. She has filed a representation at HCI, London w.r.t harassment towards her. HCI has sent me letter asking to contact them urgently in this regard else they will escalate it to UK authorities. My case is alredy subjudice in the High court. Can HCI, still intervene into the case even if the court hasnt asked me to appear in person yet? What sort of reply I should be sending to HCI? Do I need to contact solicitors in UK to send a reply to HCI asking them copy of representation and then file a reply? Also my ex sent a fake passport impound notice to my expired passport, i got my passport renewed on time. If I now go to HCI to get some legal documents counter signed, will they keep my new passport? Will they come to know about my new passport as if they have notice to impound (in worst case), it will be for old passport. Also I have not received any letter from HCI for passport impound. I understand unless court gives an order, neithe Passport office nor Embassy can impound your passport.
    Please help me

    regards
    Prakash

    • Hi Prakash,
      As far as my legal knowledge is concerned HCI has no fucking rights to intervene in a matter which is pending in the court. HCI is not a fucking court and these motherfuckers in the HCI are not the judge to issue orders against individuals. HCI is a diplomatic mission and not a fucking judiciary.

      As far as impounding the passport is concerned these sick bastards at HCI can impound without respecting the constitution.

      As you have already seen in my case these bunch of brain fucked thugs has refused to issue passport by violating the article 21 of the great fucking Indian constitution.

      So do followings.

      1) Never hand over passport to HCI. Even though they have no rights to impound as you have not violated any passport rules they can do and will do.

      I don’t think you need anything done from HCI. There is always way out of it. Never contact HCI and don’t go to HCI.

      2) Until and unless an Indian court has issued an order HCI should not be fucking with you. Why the fuck they have to interfere in a court matter if there is not court order for the same?

      3) Send RTI, browse through my posts on how to get quick response from them.

      Demand them all the document to be furnished regarding this case.

      Also demand them under which fucking law they are interfering in a court case.

      4) Contact your lawyer in India and ask why the fuck HCI is involved in this. Ask lawyer to file a case against your Ex for falsifying the facts. Screw her.

      5) Until and unless there is a court order which comes to HCI they can’t force UK authorities to intervene.

      I will doubt that a small case like 498a will involve such high level of intervention even if there was a court order against you.

      Even in high profile underworld dons cases you don’t get extradition case involved at such high level and so easily. It takes years to get such thing materialize.

      Browse through the 4981.org and other forums. Those guys have a lot more information on this.

      6) Get in touch with a good law firm in the UK. Keep their contact details with you all the time. Memorize the contact number. Just in case something goes wrong contact them and take action accordingly.

      You don’t need to worry at all. There is no court order against you so no need to pay attention to these suckers.

      Fuck HCI.

      • Thanks a lot Grumpy Indian ( I believe you must have a decent name :)). Thanks for all your points. Regarding letter from high comm, though it was a royal mail signed for delivery but it was just dropped in my post box, I didnt signed to receive it, so logically I didnt receive it. My ex dont know my current address but she kind a guess that i would be living in my newly bought flat and hence gave that address everywhere in case petition and to high comm as well. Her mother got a passport impound letter sent to my residence in India, which was dropped in a white envelope by someone, wasnt a registered neither received by anyone in my family, so technically we have not received it. I saw it and it looks like a computer print, couldnt decide as if its original as I have not ever seen a genuine passport impound notice by passport office. Is there anyway or any link where I can see how does a genuine passport impound notice looks alike? I understand that without court orders passport office cannot impound anyones passport, but you never know if they have fed some money to some Assistant Passport Officer and got a letter signed to scare us and to force me to come to India. Now my current pport is about to expire and i have got it renewed secretly before my case goes tits up and before anything gets issued by passport office or by high comm. My ex has specified my old pport number everywhere in the case which is actually invalid now and she doesnt know about the new pport details, but passport information system must have that info as new pport are always connected to the expired passport number for a person. I had to get a few court docs gets attested by high comm as attestation from FCO wont work, as you have also experienced that. If i go to high comm now to get my docs attested, as per process they check your passport number in their system, in worst case if some impound orders has come on my old passport number, do you think it will come on the new passport as well? In that case will they hold my newly issued passport? I liked your suggestion of not replying to high comm. I was thinking that what if I just dont respond as if I respond then I am giving them confirmation and hence to my ex that I am living at this address. If they escalate it to UK authorities, then any idea which UK authorities they will, is it UK home office or UK border agency or to UK police. If they escalate it to UK border agency, will they give it any weightage or not? If UK border agency comes to me, then will I have have valid and fair chance to respond them and give them clear story of nuisance being created by my ex in my life in UK and in India as well. Does UK border agency take this matter seriously if escalated by high comm? Will it create any roadblock in my naturalisation process as I am 9 months away from my naturalisation. Apologies long list of thoughts but they all are popping in my mind and I thought I can ask you.

        • You can send RTI to Passport office in India and ask them furnish all details regarding impound notice. They can’t fake the reply so they are screwed if they have done something fishy.

          I can’t understand what do you mean by old passport got impound? Why someone will impound old passport for what reason? You always carry old passport with you along with new one as old one contains your past history and VISA details.

          • I meant to say by old passport is that by the time I got that so called impound notice which has my old passport number, my new passport was issued from HCI. So that impound notice hasn’t got my new passport details. Now my ex isn’t also aware of the new passport details too. Hence I have a doubt, if RPO has possibly impounded my old passport which is technically not valid now, will they also impound my new passport as well or not as their system will have the passport validity info. Also I was thinking to get my visa transferred to this new passport. Does that help in any way, like I won’t have to carry the old pport to the HCI, invade I had to visit HCI for some attestation etc.

              • The so called impound letter refers to the FIR for 498a filed against me and asked me to respond back with a reason as why not my passport is impounded in 10 days. It was signed in green color ink by APO (assistant passport officer). There was not stamp, neither name of the person who signed the letter. Also the address of the Regional Passport office has a spelling mistakes in it. Do you know of may link online where I could get to see specimen copy of notice to impound passport?

                • Not sure buddy but FIR doesn’t lead to impounding passport from passport office.

                  RPO can issue impound notice only after a court order or if they have a reason to believe that you have violated the passport rules.

                  If just FIR can cause passport impound then entire fucking NRI population would be fucked up as most of them have something going on back home.

                  There is no link to find out the specimen copy, not one will post the same.

                  As I said many times you need to file RTI with the RPO. You can either use your Indian address to file RTI and ask someone to collect reply at that address and forward to you.

                  Or you can use your UK Address to receive reply. If this is risky use the first option.

                  Or use your lawyer address to receive reply to RTI.

                  This is the only way to find out the truth and don’t waste your time on anything else.

                  • Its been a while, since I updated the story on my part. RPO delhi impounded my old pport which is is now expired. Now they tried sending letter to my old address in UK (which i used to renew my pport), that you submitted false info to renew your pport and hence tell us reason why we should not impound your pport. the letter returned back to them and they cced it to my india address, giving another chance as to why we should not impound your pport. I went thru the copy of filled up form many times and couldnt find out if I have provided any wrong info as per the situation at that time. Only thing is , I left the Spouse name field blank, which I am not sure is a false information or not. Also my 498a fir date is the date when I posted my pport renewal app, address was correct at the time of pport app. so technically all the info is correct. Please suggest as how do I handle this. My lawyer would prepare to put a WP in delhi high court against the impound orders. Additionally my naturalisation is just few months away. Do you think that passport impound will have any effect on my naturalisation app. Does indian emabssy share details with UK home office or does UK home office crosscheck with indian high comm in London. my case hasnt started and I havent been charged yet. Please suggest

                    • You should have sent RTI to RPO Delhi asking them which incorrect information you have provided. Easy stuff..

                      Depending on RTI reply you can proceed with WP in HC Delhi.

                      Regarding your naturalization application, since you have new passport and if there are reasons to let them contact HCI you should not worry.

                      Go ahead with naturalisation without worry and it should go smoothly. In worst case they might ask to clarify your stand on passport or 698a which you can clarify easily.

                      They can’t deny naturalisation at any cost. If they do screw them too in couart too and get some lessons on Human Rights..

  7. Hi,
    I got into a big trouble due to my mistake and some ignorance. I got my kid’s birth certificate with the mother’s original name. We got applied for her name change in passport and got it after the birth certificate was issued. THe HCI refused to issue PPT saying mismatch between certificate and mother’s PPT. The UK registrar refused to make any sort of corrections. I have been running around & met few solicitors but nothing seems to be working. Is there any channel within HCI for raising issue….or do we know any good soliicitor to represent this or any suggestions….thnks.

    • You don’t need solicitors, they are fucking bunch of blood thirsty beast who will suck out all your money.

      And HCI doesn’t come under English jurisdiction.

      Now let’s think over situation.

      Mothers’a name is changed.

      Child’s birth certificate has mother’s old name.

      So what needs fix? Child’s birth certificate.

      Who will fix it?

      UK registrar.

      How to get it fixed?

      You need to search more on this.

      I’m sure it can be done as you will have proof of both old name and new name on mother’s passport. Take that proof and show to Registrar.

      Find out what is the name change procedure in the UK and follow that route.

      Good luck.

      • Thanks for response.
        apparently I was trying to change birth certificate for past 2-3 weeks…..it turns out the UK registrar has some had rules about the correction – basically they need a proof of her married name dated around the time my kid was born. Now we do not have such evidence because any utility/bank etc ask for evidence in first place to make change and we did not had the passport changed that time……….it is going to cycle with useless discussions with registrar office etc.

        I did visited one solicitor but turn out to be useless…..I am still trying out ways. In the meanwhile I also want to check if something can be done through HCI…

        • Try a notary to see if he can help you out.

          Or get a new marriage certificate with new name in India. Or get some other document from India specifying the new name.

        • Try a notary to see if he can help you out.

          Or get a new marriage certificate with new name in India. Or get some other document from India specifying the new name.

  8. Hello Grumpy Indian,
    I read your blog for the first time today. Loved it…
    I noticed that most of the people in trouble with passport and divorce are men.
    If this makes you feel better, I am a female in same situation like most of Indian men working abroad.
    I am working in USA and my husband has filed divorce case and child custody case in India. This job is the only way to raise my child and support my parents.
    My husband has filed complaint in passport office that my marital status is single though I am married. the passport office wants me to return the passport and deal with police and court.
    They are making it sound like a crime.Even their website says that marital status is a minor offense.
    Also they want me to return to India and then do all this CRAP.
    If I go to India to deal with this, I know I will be stuck for years. I have not done anything wrong with my husband and in-laws ( like 498a and other crap). All I did was asked for divorce as my husband admitted that he is gay. I do not want to live with a gay man and that’s my only fault.
    He is doing everything that Indian wives do. Well, I guess he is female gay. LOL…..
    I am really pissed at myself for not filing criminal charges against him.
    Please help. Can i solve this matter in Indian embassy in USA?
    Should I bribe passport officer and police officer? I heard they are strict these days in India about bribe. I don’t want to deal with this situation in India. I am mother and I don’t have time for my nuisance husband and shitty legal system in India.
    Please help

    • Welcome on board. Sad to hear that he turned out to be gay.

      As far as I understand you are not yet divorced? Are you?
      If you are not divorced then slap back passport officers with perjury. Send them RTI asking on which basis they have demanded to return passport. Ask them to provide all details using RTI act this post will enlighten you for the rest of course – http://www.grumpyindian.com/right-to-information-act-2/how-to-send-rti-application-to-india-from-abroad.html

      Demand them to show the divorced papers as well.

      If you are not divorced then why you have to worry about it?

      I don’t want to get too personal but if you want to get divorced then get it done by mutual consent and then file application in Indian consulate to change your marital status.

      I’m not sure why your case has turned so complex?

      Good luck and rule of thumb, never ever go back to India. That will be your one way ticket to hell. Keep saving some money you might end up messing with lawyers soon.

  9. Yes I am not divorced yet. Let me explain you my sad situation.
    My husband and I decided to get divorced with mutual consent in 2010. I have a 2 year old who is US citizen. My husband held all my documents including passport and my baby’s American passport and documents. He promised to give all that back and told me not to file any complaint or he will ruin my life.
    I did not launch any police complaint as all I wanted was a life separate from him with my baby. The mutual case was going ok until he started getting pressurized by his family to get my baby. He then decided not to give me my and my kids documents back.
    My parents are poor but I am very educated and I had offers in USA. Mutual divorce was getting long and I had no money for my kid.
    Now I am working in USA. He is very jealous of me because of all pressure from his family. He wants me to stay and in India and beg money from him. I don’t want to be like every other girl in court and fight for alimony and child maintenance.
    Since he refused to give me my documents I filed FIR and got duplicate. My second passport says that I am single. The correct would be married. He just launched a police complaint that I did that on purpose and now passport office wants me to approach police and get a new passport. They said it cannot be done from USA.
    I just returned from India 5 days ago. I don’t have time and money for this nuisance.
    How can I solve the police matter from here?
    Please HELP

  10. Big mistake to handover passport to anyone. No person can hold anyone’s else passport for ransom. If you want to can go after him for this. It’ serious crime in any country for holding someone else’s passport and using it for exploiting other. You boy has USA citizen, you can get him screwed for holding passport of an American citizen.

    You missed the main point, who did the mistake to change your marital status?

    Did you fill up form for duplicate passport and deliberately put marital status to be single? Or passport office did mistake?

    The next step is to get it corrected. You can contact nearest consulate and just mention that passport office did mistake and changed your marital status. I hope you have got marriage certificate or some document to show?

    Meanwhile send RTI to passport office in question and demand them to provide you all details on the case.

    Indian police and court are bunch of toothless donkeys. Don’t get scared with them. It will be pain but stand firm and follow the (right) rules and there will be no trouble.

  11. Hi,
    u have been through a lot in the last 2 years… Wondering if could offer me some advice . I have been in the uk since 2005 and on ILR for the last 3 years. I stayed in india from Nov 2010- Aug 2011. On returning i started working but as i changed my job in July 2012 I was asked to provide with police clearance certificate for the time I stayed in India. As I’m staying in northern part of England i decided to send my passport with the application form . Its been more than 2 months and i still haven’t hear from them .I have tried emailing/ phoning them … but no answer. I’m mot sure what i need to do, either going to London .. My parents have enquired in the local police station but they could not help.Please advise.

    • Send RTI to HCI get the status. Keep in touch with local police station. As soon as request reaches local police station bribe them.

      But it will go through channel, HCI to (may be MEA) to Police Commissioner Office to local police station.

      So you need to make rounds of both Police commissioner office and Local Police Station.

      But forst screw HCI to send request and ask (in RTI) why they have not send request so far.

  12. if the passport of someone is imponded, HCI sends the information to UKBA authorities for record. hence , it may possible that in the case of praksh ,they head sent it too. It will creat hurdles in Naturalisation process

    • These donkey clerks and IAS shit can’t even pass file from one desk to another without someone screwing their arse leave alone passing details to a foreign authorities.

      I don’t think that such information passed between authorities without any requests.

      • I want to share a story of one of my close friend’s daughter who was ,married in feb 2009 was living in Uk with her husband. Her husband was some Physico and did tell all their bedroom talks to his father ,sister and brother in law and even to all his uk friends.. She is a beautiful and nice and cultured girl but by the deeds of her husband she sufferred a lot. Boy’s father wanted him to marry with his friend’s daughter hence he created problems in his own son’s wife. The girl is MBA(IT) and was in a job in UK. Boy’s father interfered in their life and demanded Rs. 20 lakh for a flat which his son was going to purchase in UK in his own name.She was making all home expenditure and utility bills and was not having so huge amount. Every time when they visited India or any tour he arranged it from her money. She was already in UK on her company VISA and all was well till she was on her own visa. When her visa was changed in spouse, the boy started blackmailing her and tortured her. Oneday he threw hot daliya on her face. one day he hit her in bathtub and she got injured. Still she was so patient and wanted to mange her home but ,he and his fmily in India made her life miserable. The boy was every time on phone with his father , 2 sisters and 2 jijas. His sisters and brother in laws were totally involved in India with his father but his father never allowed his own son to meet with the girl’s parents. I don’t know why this double standard he adopted. May be he was making a way for his son’s marriage with his friend’s daughter because she was a frequent visitor in his house and having great attraction towards the boy. Boy was so jeleous with the girl as she was very intelegent and can get a good carrier at spouse visa .He tortured her a lot and tried his best to leave her job . Girl was unaware about it b’cose she loved him very much. Now he wanted to get rid of from the girl b’cose he was going to take PR and to purchase a flat in UK. HE with the help of his family members in India planned a big game and managed to make a trip of Indiawhether his parents had visited them in UK and stayed about 4 months with them and the girl looked after them lovingly . The mother of the boy is mentally retarded but the girl managed in a One bed room flat and looked after all of them . There tooo He with his father every time insulted the girl. The girl belonged with a traditional and modern family hence she tried her best to protect his married life from his father in law but but all in vain. She gifted a MAC Laptop for him too. The boy was not intereted to provide her PR with him hence, due to jealousy , he made a plan with all his family members and manged to visit India with the girl’s money. besides landing Delhi, he preferred landing in Mumbai where his sister and brother in law was living. He spend his night with them by avoiding his wife. after 2 days , they landed delhi . Hi father and he left the girl at her parents house demanding Rs. 20 lakh for newly flat and never returned. His father and mother and he all disappeared by making lock at his house. They flew away to mumbai. Girl’s family and the girl waited a lot but no response received .The girl was doing shopping interior items for her new flat in UK but there was sme different to be happened with her. They were neither picking the phon calls nor giving any response. 3 days before the departure date from India to UK ,her mother received a call from the boy’s UK mobile no by saying that he is going urgently due to some work at office in UK and dis connected the phon.. When girl reached UK ,on very next day, she found that he had gone from the rented accomodation and moved somewhere else may be in his new flat which address was not known to her. She was quite alone in a foreign country and a rented room. She tried her best to contact him but he ignored . He made a mail by saying that he had shifted and if she wants to stay more she shoulfd make her own arrangements. Here in India, her mother got a notice in which the boy filed a divorce petition at his own. this was signed in Delhi where his elder sister and brother in law are living . There is quite involment of both sisters and brother in law and the boy destroyed his own family life by the instigtion of these people.

        • again I m on the blog as the story is still not finished. I wanted to tell that all court cases are not wrong. In Uk she ws trying to contact his husband but he was busy on fcebook with his friends in his new flat. Pl. imagine the situation of that girl who is suffering wihout any of her fault and the husband was enjoying .She was working from homme and managing the fmily life at present. When she was unable to trace him,aand as she was on dependent visa and couldn’t live in UK now,hence she had to resign from her job in UK and returned back to India.She attended all court dates of divorce petition filed by him but he never presented himself before the court b’cos it was a planned manner. His Indian ppt was due for renewal in July 2012 but he shrewedly and cleverly got renewed it by providing false information as he provided the address of old flat which he left in Jan 2012 whether he is submitting the application in Feb 2012. He left spouse name blank and hide the information of FIR lodged against him and his family members in India. He got PR cleverly . His ppt is impounded by HCI,London on court orders and Summons, Non bailable warrants of open date ,LOc on his ppt,blue notice from CBI(Interpol) are issued against him b’cos he never presented himself befor the court.His divorce petition is dismissed by the court on misconduct ground due to not obeying the court. Intimation of impounding of ppt is sent to all UKBA authoriies by High Commission. Some one suggested him not to go HCI or to handover his ppt created problems for him. If he faced the trial, this case can be sorted out. Now he is desperately trying for UK citizenship. Will u tell me if he can get UK citizenship on his impounded passport. I request u not to favour this type of people who play a game with the feelings and life of some innocent girls like my friend’s daughter. She managed her family life after so many tortures but his own husband whom she loved a lot ruined her life for money and jealousy . He made her insulted even after from his friends in UK tooo. What u suggest ????? what should do to these people???. I read yr genuine replies above and now its my turn to ask something better for my close friend.

          Regards,

          • It’s really touching story and hard to believe that such “pativrata” still exists. I was moved by your story or your friend’s story. The way you write it makes me believe that it’s your own story rather than your friend’s story.

            Such life used to be a norm during our parent’s days when India was not corrupted with alien culture.

            Nowadays it’s hard to believe that a “nari” could be so loyal to her husband. If this is really true then your friend could be an exemplary model for all modern Indian housewives.

            However if you look the whole story in the modern day’s circumstances then she could be classified as not so intelligent.

            If you get tortured then you need to take action rather than letting it go beyond your control. She could have complained to police in the UK and he could have been dumped easily in jail for few years and then he would come to his senses. By not taking any action against the torture she let it go too far.

            Coming back to your questions, here are some clarifications based on the evidences you have provided.

            I do not take anyone’s favour based on gender.

            1) If someone has not been charged & convicted for any crime he can continue to extend his PR and even get citizenship.

            2) Even if someone has been convicted of a crime he can still get citizenship if he can convince the Home Secretary that the crime is not a heinous crime.

            3) I still didn’t understand why a civil divorce matter would end up in non-bailable warrant, Interpol and passport impounding for her husband?
            If it just divorce case and husband doesn’t appear in the court then court will take decision based on evidences provided by both parties.
            I would appreciate if you could show some more lights on how she managed to get her husband’s passport impounded in a civil court case.

            4) She can also get UK PR (or FLR whatever is applicable)if she satisfied the criteria irrespective of her depended VISA status. This is my understanding based on my own circumstances and my knowledge of the rules.

            But I might be wrong, may be rules are changed. I haven’t checked rules thoroughly.

            If a depended would have come with me 8 years back then she would have got the same status as me without being my partner. And by this time she should have be British citizen even if she was not living with me or she was divorced.

            But as I said, may be rules are different now. You need to check it on UKBA website.

            5) I’m not sure her personal circumstances but what exactly she wants to do with him?
            Take revenge? Block her UK citizenship? Make him suffer?

            If revenge not the case then why to worry about him? Get divorce and move on with life.

            If she is really so pious, as you have projected her, then why does she want to take revenge from someone she loves so much. Love and revenge don’t go together.

            True love is rare and it is certainly not one way. May be her love for him has developed due to personal and social circumstances. A divorced girl is a social outcast in India and her life becomes miserable even in 21st century. So may be she, unconsciously, developed an heightened level of emotional bond with him and labelled it as love.

            Anyways I don’t prefer to go into someone’s personal life publically. If she wants she can contact me personally for free personal advice. I’m really good in such things.

            6) If she wants she can come back to the UK file a divorce here in the court and she will get it within 3 months without any trouble and without even going to the court.

            7) To sum up you can’t block him getting his UK citizenship in any ways. If he satisfies all the rules and criteria for the citizenship then he will get it.

            8) If you really want to take revenge by blocking his UK citizenship then you have 2 options

            a) File a 498a FIR in Police station, get police to issue arrest warrant, and get him deported to India and ultimately put him in jail.

            It isn’t so easy as it sound. You have to bribe each and every department involved in it, chase Home Ministry, and bribe them as well, to get him deported. Then add the court case, waste of time etc etc.

            Trust me it is easy to give up and move on than to make rounds of court. Lawyers are more monster than the persona you are trying to take revenge with.

            Another easy solution, if you can come back to the UK.

            b) Come to the UK anyhow and file a case against him for the torture in the past.
            You might find it hard to convince police why you are filing case so late. But if you explain situation cleverly then you can get him arrested and convicted. Once he is convicted he will find it hard to get citizenship. But again as I said it doesn’t completely rule out his citizenship. If he has brain then he will find out a way out of it.

            If you need more advice then you need to provide me technical details further without involving emotions.

            • Thank u so much for concern . As I had mentioned in my 14th line. FIR was lodged against him under 498 a and DV Act on the basis of Rs. 20 lakh demand for purchase of flat and trture made against her and deserting he ina so planned manner. Sir, may be hard to believe but still every type of person are in this world especially in our India. Today also this type of foolish girls are present who care about their faamily life. Boy was not wanted to give her PR as he was among the husbands who make competition with their wives . He was some frustrated also due to her high qualification as he was having lower qualification then her. when she reached back to UK after his run ,she tried to report the area police but they didn’t tried as she is an Indian for help and she was disappointed .the HR manager of the boy is still helping him whether he knows that he is an illegal migrant as his passport is impounded. Will u tell me that if company can keep him on the role after knowing the facts of impounded passport. Now how it is possible to come to uk bcause she was on dpendent visa and may be he cancelled it. but it is clear that still divorce is not happened but they are seperated since 1 year. If she any how comes to UK ,how she will present the proof. Nobody can record proofs at the time of incidents whether he or she has already plaaaned . Now all the relatives of my friend want that he should not get UK citizenship. HE has to come India to join the case. He did all to make harrashment to her. If he wanted divorce, he should discuss the matter in the presence of both sides relatives and friends and then should go a head .Why he adopted this type of game? In my opinion he should be punished for this . What do u say? His dream for UK citizenship should be broken . Now he is declared proclaimed offender also by the court and the charge-sheet is also in process for filing. His parents(not mother) and sisters every time when they visited India ,interfared her personal life and tortured her by saying that she should handover all money to his brother as she is working due to his VISA hence only he has the right to utilize her money as he wanted. he took her all money approx. From last 3 years all visits were done from her money. He directly used her ATM without her consent . He had noted down his ATM card details with him and never disclosed his any thing to her even as his salry tooo. Oneday when she received her letter at home and opened it ,he slapped her in the evening that why she opened his letter. He took his phone even in the bathroom too so that she cn’t check his calls or msg. My friend is very much worried as she chose this guy for her daughter even after his husband was not ready for him and they are also having problems in their married life due to the bad acts of this guy . Now she deadly wants to punish this boy.Now this boy is ready for marriage with the daughter of his father to whom he wanted to marry him. They are waiting for the conclusion of the case. If he gets UK citizenship, his parents will flew away to him and the case will go in a long wait.He bribed to police and court employees and got 5 months date of hearing in DV Act so that he can easilly file his UK citizenship in this month. The date of hearing is in Jan 2013. How she caan visit UK ? If she files cse there will they agree on the Indian documents . Can she submit some mails which she sent to her mother regarding her torture in the past . Will they accept it . Whenshe got injured in a bath tub then he didnot allowed her to go to outside and made treatment t home. She was working from home at that time. His workplace was very near to the rented accomodation and he did his lunch at home and every time she cooked fresh for him even after having her work . Why he did it ? he can resolve the matter face to face rather doing this. Now tell what she should do.After charge-sheet the case can be sent to UKBA from India but it will happen in mid January and he is trying to file his citizenship form now. And now, I also say her THE FOOLISH girl but still i know thes happens due to the sanskars we Indian people have.

              Regards

                • kash ye jhoot hota and i will not say that if it would happened to your sister or daughter because they are also ladies and its about the pain of women. But u type of greedy person are unable to understand this. It is not necessary that only men are facing problems in this society. everything happens here with women. It seems u all guys think that this is only your site and any girl has no right to say about yr pain. If u can suggest then provide remedies . Don’t make a laugh of any body . I think this forum is for every guy and girl who are suffering in this society.

            • Thank u so much for concern . As I had mentioned in my 14th line. FIR was lodged against him under 498 a and DV Act on the basis of Rs. 20 lakh demand for purchase of flat and trture made against her and deserting he ina so planned manner. Sir, may be hard to believe but still every type of person are in this world especially in our India. Today also this type of foolish girls are present who care about their faamily life. Boy was not wanted to give her PR as he was among the husbands who make competition with their wives . He was some frustrated also due to her high qualification as he was having lower qualification then her. when she reached back to UK after his run ,she tried to report the area police but they didn’t tried as she is an Indian for help and she was disappointed .the HR manager of the boy is still helping him whether he knows that he is an illegal migrant as his passport is impounded. Will u tell me that if company can keep him on the role after knowing the facts of impounded passport. Now how it is possible to come to uk bcause she was on dpendent visa and may be he cancelled it. but it is clear that still divorce is not happened but they are seperated since 1 year. If she any how comes to UK ,how she will present the proof. Nobody can record proofs at the time of incidents whether he or she has already plaaaned . Now all the relatives of my friend want that he should not get UK citizenship. HE has to come India to join the case. He did all to make harrashment to her. If he wanted divorce, he should discuss the matter in the presence of both sides relatives and friends and then should go a head .Why he adopted this type of game? In my opinion he should be punished for this . What do u say? His dream for UK citizenship should be broken . Now he is declared proclaimed offender also by the court and the charge-sheet is also in process for filing. His parents(not mother) and sisters every time when they visited India ,interfared her personal life and tortured her by saying that she should handover all money to his brother as she is working due to his VISA hence only he has the right to utilize her money as he wanted. he took her all money approx. From last 3 years all visits were done from her money. He directly used her ATM without her consent . He had noted down his ATM card details with him and never disclosed his any thing to her even as his salry tooo. Oneday when she received her letter at home and opened it ,he slapped her in the evening that why she opened his letter. He took his phone even in the bathroom too so that she cn’t check his calls or msg. My friend is very much worried as she chose this guy for her daughter even after his husband was not ready for him and they are also having problems in their married life due to the bad acts of this guy . Now she deadly wants to punish this boy.Now this boy is ready for marriage with the daughter of his father to whom he wanted to marry him. They are waiting for the conclusion of the case. If he gets UK citizenship, his parents will flew away to him and the case will go in a long wait.He bribed to police and court employees and got 5 months date of hearing in DV Act so that he can easilly file his UK citizenship in this month. The date of hearing is in Jan 2013. How she caan visit UK ? If she files cse there will they agree on the Indian documents . Can she submit some mails which she sent to her mother regarding her torture in the past . Will they accept it . Whenshe got injured in a bath tub then he didnot allowed her to go to outside and made treatment t home. She was working from home at that time. His workplace was very near to the rented accomodation and he did his lunch at home and every time she cooked fresh for him even after having her work . Why he did it ? he can resolve the matter face to face rather doing this. Now tell what she should do.After charge-sheet the case can be sent to UKBA from India but it will happen in mid January and he is trying to file his citizenship form now. And now, I also say her THE FOOLISH girl but still i know thes happens due to the sanskars we Indian people have. But he should be punished and UK citizen should be blocked for this type of guy who think about only money and his own interest.

              Regards

              • 1) Regarding reporting to Police, this is very strange to believe that Police didn’t take any action. But again there is workaround for that to report to higher authorities. It’s pain but that’s life. When you are in trouble you have to fight and struggle for each and every step. Giving up easily is not an answer.

                2) His employment status
                He has PR which allows him to work with any employer in the UK without any restriction. So yes this is perfectly legal and valid. You can’t do anything here.

                Passport is a travel document; it’s not a work permit. PR is work permit. If you don’t have a passport you can’t travel that is it. Except that a passport has no other value in it apart from proving your identity and citizenship.

                He is legally allowed to work in any company without any prejudice as long as he has his PR.

                My situation is similar. My passport is expired which is as useless as an impounded passport. But I’ve PR so I can live and work in the UK without any trouble.

                To answer your question, his company can’t fire him. His status in the UK is not illegal. He has PR so his status is perfectly legal and he can continue to live and work in the UK.

                The only problem he might have is that he might not be able to show the PR stamp as it was in the passport. If I’m not wrong he can get a fresh PR on a blank paper from Home Office.

                3) Her Visa status
                You can easily find the status of your Visa by contacting UKBA, phone them, e-mail them, send them letter if none works report to higher authorities and keep reporting till Home secretary. Even if she doesn’t reply send query to the PM.

                It’s not India, they are more responsible people and you will sure get reply if you persist. She just can’t assume that her VISA is cancelled by assuming it. Did she check the expiry date on VISA? Is it already expired?

                She can check the UKBA website to find out when they consider a dependency status to be cancelled and what proof they need to have to consider it cancelled. Divorce or just a letter from husband is sufficient. She needs to do some searching on this issue.

                4) UK Citizenship
                Her only chance is to force Indian authorities to get him extradited which is almost impossible. Extradition of even terrorists is painfully difficult let alone extraditing a husband in 498a case.

                Another option is that you can report the issue to UKBA but again it can’t guarantee citizenship refusal. UKBA might be well aware of 498a and they wouldn’t consider it as a cause to refuse naturalization.

                Also I’m not sure how far has he gone with citizenship? Has he applied for naturalization already? Has he got naturalization and waiting for citizenship ceremony?

                Without passport he can’t travel anywhere.

                Good news for you might be that without Indian passport he can’t get British passport. So ultimately he is stuck in the UK and can’t go anywhere else.

                5) Divorce
                I’m not well aware of Indian divorce law but I’m sure there must be a clause whereas if husband doesn’t appear in the court for certain time duration the court can give divorce?

                He can give POA to someone in India to attend the court on his behalf which will keep case dragging on further.

                Take my advice. Revenge is not going to do any better to her. She and her family is going to suffer more in making court rounds which will lead to nowhere unless she happens to have some high level connections, influence and loads of money. By this time she might have already realized why we Indians avoid courts. Indian courts have no jurisdiction over foreign soil and Indian law has no balls to pursue any extradition. So bringing him to the country by force, law or deception is completely ruled out. He knows his game and if he can go so far with this game then he will be clever enough to go more distances.

                As the saying goes To err is human; to forgive, divine. Ask her to forget it and move on. There is more to gain in live in future than to suffer for past deeds.

                And for him, he is going to suffer from bad karma anyway if not in this life next life. Bad karma always haunts you in the life and beyond that.

                • Thanks a lot for your kind advice. She is in a long stress and not able to forget the loyality she provided towards him She doesn’t imagine this kind of cruelty . Certainly I feel u are also having a painful past. May God bless u better life now. I will be back if I need some more from U.

                  Regards,

                  • /***** Following feedback was sent via contact form. I thought it would be useful to post it here for the benefit of the public – GI ******/

                    HI GrumpyIndian,
                    I wanted to tell you that the post by seema is very well known on internet. Shes posting on various forums to take revenge from her husband (who is my close friend) and his family. But God is there and with the mercy of God all their ill efforts have failed and still failing. She has made her daughter file 498a, 377, DV cases against my friend and his family in india. my friend and his family are all suffering from that now. I salute your gut feeling and judgement that you figured out that she’s imposter and shes trying to find out ways to harass my friend here. Additionally ”seema” has tried all the possible means from bribing(includes bribing) ACP to register 498a fir, bribing to get forged court orders, emailing UKBA, reporting in newspapers, threatening friends parents by goons. seema itself in the same boat as husband has left her due to same issues and she taught the same to her daughter, control your husband and snap him away from his family. I have seen the girl and my friend fucked up life in UK, living in fear, my friend was on the verge and wanted to suicide to get rid of the fucked up life. I along with few of his close friends took few efforts to made the girl understand as how precious is life but all in vain. she used to threaten him of deomestic violence complaints, 498a fir in india, desprate for PR and pounds. she ran away to her mothers place, refused to come unless my friend snaps all relation with his family and fulfill monetary extortion demands of her family members. Now she’s using your wealthy knowledge-pool find another ways to screw up my friends already fucked up life. Thanks again and I hope you would understand as you have already figured out as seema is just vindictive and all her vengenace. I have no gender bias but as a men I believe we would not encourage or support such feminists who use 498a as extortion tool make big money, to create fatherless societies and their atrocities on men. Thanks again

                    • Whats above sir. I don’t know this person then how he can post blogs like this. Now i hav some surity that this person really had a bitter feeling of life and treating everyone as per his opinion. If he did good in his life then why so worried? what he explained inn his previous blogs looks something fishy as per indian proverb” CHOR KI DADHI ME TINKA”. How he is authorized to post like this and personal comments. He explained his views and asked advice from the blog writers then as per blogs he also looks that he made every thing as per planned way as per his own blogs .If he knows the girl or his family why he is treating every one ass per his story? HE is not understanding the feelings of any innocent girl who spent his 3 yrs for a person who was only the lover of money not wife…and he favours this type of person . I don’t know why ?

                    • Mr. Parkash, if u r the friend of that guy then yr friend also told u or u better know that his mother is only a dummy due to his father’s torture. She can’t walk,eat or do any thing as she is not concious and this happened only due to his father at the time of pregnancy of yr friend as she was totured by his father and some Muslim Baaba for a male child as she waas having 2 daughters already and the guy’s father didnot wanted to hav a girl child this time. When this guy born she lost her all conciousness and still she is in the same condition. And it is also informed yr friend to u that this lady was not included in any matter by the girl as she is having the same pain for her mother in law. Will u say now that it is also wrong …as u say u r his friend ..

                    • Whatever your name is xyz, are you insane or sick? Can you please take your drama or crap out of this website, you need to go to court. You seem to be like a freakin, crazy, and an idiot. For the sake of other people Please do not spam this blog. All your discussion is out-of-context of this website.

                • I know this lady, it’s false name she is using to cook up her own story. in fact she is the realy culprit. you are correct. it’s impossible to find such ‘patibrata nari’ these days. because patibrata nari never come out and post their kahani in various blogs to gain sympathy. in fact she is a greedy lady and her craze for getting wealth was the main cause of all these drama. the court has already charged her with doing forgery of sending forged letter in the letter head of passport office. There is no rcn, bcn, non-bailable warrant nothing. simply she is making bluff.

                  Don’t get carried away by such story.

                  these days this patibrata nari is enjoying with her ex in pune

                  • please note:
                    1. Passport is not just another piece of document but it is the only identity document which holds the status of work and live in the foreign land, that can be visa, work permit etc.
                    2. If passport is impounded or cancelled or revoked, then there must be serious reasons behind that. and if somebody’s situation is leading him/her to the passport impound stage then there is something serious going in that case, not just the 498.
                    3. If the passport is impounded then that invalidates individual’s identity and this should be taken very seriously.
                    3. if somebody’s passport is impounded by the issuing authority and the Government then it is now a property of the Government of the issuing authority and not the individual. If the individual has received the official letter from the passport authority about the impounding notification, then the individual must surrender the passport to the authority. otherwise this can make the situation worse.
                    4. please not that according to passport act booklet, if somebody has pending cases in India which need to be attended by the person, or if there are any warrants issued in the name of that person, or for providing any false information, the passport authority has full rights to impound/cancel or revoke the passport.
                    5. it’s not advisable to avoid court law and proceedings as this can lead to even more complex situation.

                    @seema: After reading your story, i can feel the pain for your firend’s daughter and whole family.
                    I can understand how difficult it is for them to cope from this traumatic situation. If the passport of the groom was impounded on later stage then i beleive this is more serious.
                    I am working as a lawyer and i think i would be able to help you a bit more, if you think its appropriate.
                    You can contact me on my contact details mentioned below and i’ll try to help as much i can.

                    Thanks
                    WR
                    TY
                    (lawyer)
                    [Removed]

                    • Mr. TY the lawyer,
                      Not sure how old you are but it certainly seems you need some more worldly knowledge regarding passport.

                      In 3rd world countries passport is more than just a travel document.

                      In EU you don’t need a passport to visit other EU countries and same goes for the work. You don’t need a passport to work in other EU countries. All you need is a national ID and you are free to roam within EU.

                      In Switzerland they even don’t fucking check your passport if you land via a European flight. They even don’t stamp your passport when you arrive in Switzerland.

                      Educate yourself, collect facts, read law before commenting on some topics on which you have no authority.

                      Your statement (1) that passport is the document for travel; visa/work permit is not always applicable in other countries.

                      Once you are in other country and you are legally allowed to live/work there then passport becomes just a travel document. If you don’t wish to travel anywhere then you don’t need to have a passport.

                      The Visa/Work permit stamped on the passport is NOT THE permission itself. If you loose passport then it doesn’t mean that you loose your rights to live/work in the country.

                      Got it?

                      Regarding your statement for impounding, you are twisting this fact to sell yourself as knowledgeable lawyer fishing for potential clients. There is now such thing as law in India. That country is completely fucked up when it comes to law. Any person with some money and influence can get any other person’s passport impounded for no fucking reason. In India the law doesn’t always follow constitution. And that’s where vultures like you come in to screw money for hard working people.

                      Why the fuck someone has to attend court if it’s a fucking false case? Stop giving rubbish advices. Fuck court and fuck judges. All of them are fucking dumb corrupt assholes whose knowledge of Indian constitution is not bigger then their assholes.

                      And did you forget that advertising your services is barred by bar council. If you are lawyer and you are trying to advertise your services then you will get in trouble.

                      This is not a business advertising website so don’t advertise your services here.

                    • Respected Sir,
                      With respect, i am very well aware of law and rules. You fundamentals are little bit outdated as you might not be aware that rules are changing frequently.
                      UK immigration rules have again changed recently in dec 2012.
                      (not sure in which year you get your PR).
                      Please note that, there is a huge difference between expired and impounded passport.
                      Passport is impounded only when there is some serious concern behind it as mentioned earlier.
                      Before impounding the passport an official intimation is sent to the individual to respond. Enough time is given.
                      If there is no response from the individual after certain period of time then the passport is cancelled/revoked or impounded, which is completely different from expired passport.
                      After impounding of passport, the passport issuing authorities send details to foreign land government with all necessary details.

                      Thanks.
                      WR

                    • Whatever your name is Mr XYZ, again this is not an advertising site for lawyers (this is out-of-context of this website). Regarding facts, I think you really need to get your facts right in place. Please get some practical examples from countries like US/Australia/UK or European countries and what is the process indian commission follows and what are their powers outside india. In one word I’ll say “LAME”. Western world is well aware how fucked up india law/order system is. Even British rulers left india (india call it independence day) only when they knew that this country would never become like other British colonies (which are today independent/developed countries and law/order are in place and makes sense). Its not possible for a person to be honest and survive with the law/order system. Yes money and influence plays more important role over laws/policies. With money/influence you can file a fake/false police complaint/court case on NRI and then with same money/influence you can get an NRI’s pport impounded by reporting it to pport offices (its simple maths, no complicated). Please stop your self marketing and client fishing tacts, and spare this forum from your wrong suggestions and facts. Moderators, I would suggest a tidy up activity is required on lots of senseless post on this forum.

  13. my noble friend wrote above that the girl was desperate about PR and Pounds and again saying that she ran away to her parents. How it is possible? If she was so desperate then why she could run. She should be in UK. I think the above given statements are contradictry. God bless u for the fake and imaginative information u had hav from yr friend. If really he is yr friend ,he also made his and her life miserble. he is chasing his friends and their wives at present. If he is yr friend then tell him about good and bad. otherwise u don’t hav any right to say above to any body directly… u shd know yr limits plese. I m not blamming u. we r saying about the person who did it then why u r feeling so bad…may be yr situation similar but hold on..
    Thanks

    • Can you please take this ‘drama’ elsewhere. I’m sure it’s not a drama for you (Seema and the anonymouse tipper) or your friends. I can understand Seema’s first post regarding the question of what to do for her friend’s situation. But, this whole argument going on in the comments of this article is out-of-context and not constructive for others.

      @Seema, you have told your story, GI answered with what he thought was the solution please stop posting multiple, extremely long answers. Let’s move on.

      @the anonymous commenter, again, you made your point. We are no one to judge here, so take your arguments where it has to be; in court. That’s where you will get your justice.

      @Both, trying to convince the blog readers about your credibility is not going to get you anywhere. Solve your own issues by action and not words.

      • Hi GrumpyIndian,
        I agree with Abi as this site has a specific objective to provide information and help to people related to passport renewal from indian embassy when abroad. All the above discussion has gone out of scope now. Is it possible to clear all the above irrelevant discussion as this will make the above site what it was before. I really appreciate as I have recommended few of my friends who were in trouble related to their passport renewal/writ petition and they get solace when they read your experience with passport renewal. There are loads of other websites where these marital issue can be discussed. Nothing to offend anyone, but in my opinion few of the above posts has turned this wonderful site into marital issues discussion board.

  14. Hello Grumpy Indian,

    I have only just come across your blog and only I wish that I had done that a few months ago. A friend of mine needed a ‘Power of Attorney’ from his sick and bedridden elderly mother to go to India and deal with her affairs. So, he had a ‘Power of Attorney’ prepared, had his mother’s signatures witnessed by a ‘Notary Public’ and then also apostilled by the ‘Foreign and Commonwealth Office (FCO)’.

    He then wanted to go to the High Commission of India (HCI) in London. However, I advised him that he does not need to do so as the HCI website says that :
    Authentication of Apostille Documents
    Attestation of Foreign Public Documents :

    High Commission of India, London will not re-authenticate a public document that has been apostilled (legally attested, authenticated) by the authorities of the UK government. A document apostilled by UK Government is entitled to recognition in India and no further certification or legalization by the High Commission of India in London or its Consulates in Birmingham or Edinburgh are required. Relevant portions are contained at Article 1 of the Hague Apostille Convention, abolishing the requirement of legalization for foreign public documents in case of contracting states and are re-produced below:-more…
    http://www.hcilondon.in/counslateservice1.php

    But he still insisted that he wants to double check it and tried to phone the HCI many times but no one answered the phone. Then, I myself, tried to phone on his behalf many times and again no one bothered to answer the phone. Then I also sent them an e-mail and, guess what, no reply to my e-mail.

    So, my friend decided to take my advice as I also gave him a screen-grab (as shown above) and said that if anyone does not accept the document then he can just show them the printout and also ask them to log-on to the above link to check for themselves.

    But he had a wasted journey – and I feel very guilty about it !!

    He took the document to the ‘Punjab & Sind Bank’ in Delhi and they refused to accept the document as it was not signed by the HCI. So, did the pension department. He spent a week in Delhi, visiting the above offices many times, taking various people with him to try to convince the ‘officials’ behind the desks but to no avail. So, he returned very angry at the authorities and somewhat annoyed with me.

    Now his mother could pass away anytime and I have advised him to have a ‘will’ prepared. Do you know what he should do with the ‘will’ so that he does not have to suffer from the same problems again ?

    PS: I agree with you and appreciate the language that you have used – I am just trying to keep myself very calm – but its not easy !! Please do not publish my e-mail !!

    • Rule of thumb, “Law of land” overrules any international law. And in a fucked up country like India each fucking government chaparasi, clerk and officer follow his own law. Visit any govt office and ask the same question to 10 people and they will give all 10 different replies based on their own interpretation of law. And it’s not only the illiterate and incompetent clerks, even lawyers don’t know the law. Each has his own version of constitution.

      You should always get all the documents attested from HCI no matter what the Geneva convention says.

      There are circumstances whereas you might get away with just Notary and FCO attestation but to save your time and money always get it attested from HCI.

      As far as Will is concerned, you need to first find out the rules and regulation in India from some competent lawyer and then act accordingly.

      I’m not sure what is the law regarding Will and whether it is national law or state law or whatever. If it falls under state then it is more complex. E.g. land laws are state level law and each state has it’s own rules.

      The best option is to ask ur friend to fly Mataji to motherland and get all the property transferred to eligible heir.

      Hope it helps!

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