Revoking Indian passport and filing deportation

[Capboy]

I am a Canadian PR settles in Canada..my separated spouse is a Canadian citizen living in India and i have ongoing matrimonial cases for which I have non available warrants issued.My spouse is disguising the Indian external home ministry and asking to revoke my passport and order deportation.
She filed a misinterpretation in Canadian immigration as well which they closed after seeing my proof and submissions.
My question is what are the chances of me being deported If the Indian court issues a notice or the external ministry revokes my passport and asks for deportation as I am wanted in Indian court proceedings against me.Thanks

 

[Bs65]

You really need to consult a lawyer not a public forum for such a critical matter.

Others can comment as well but as a PR believe you are entitled to stay in Canada regardless whether you have a valid passport or not. Granted though makes it impossible to travel any where and might add a complication to a future citizenship application.

I am in no way a legal expert neither should you assume anyone is on this public forum but the chances of deportation or in fact Canada accepting an extradition request ( a long expensive process I suspect) seem pretty low for what assume is a matrimonial dispute and not a serious crime such as murder or an equivalent crime in Canada that could involve a long period in custody.

http://treaty-accord.gc.ca/text-texte.aspx?id=101286

As said you need to consult a lawyer someone who is familiar with the proceedings in India whether they can even revoke your passport as opposed to simply say issue a warrant for your arrest should you ever return to India.

All above speculation on my part and should not be take as legal advice in any shape at all.

 

[LifeDreamer]

You should not ignore this matter, knowingly disregarding a court summons can be a criminal act and is very unwise in my opinion if the underlying issue is just a civil dispute.

You will not be deported or extradited, but it will prevent you from getting citizenship later because you are wanted in India and remember you may have to produce a new PCC from there depending on your travel history.

There is no such thing as a revoked passport. Once it's issued and you are out of the country you are good to use it until it's expired, but some corrupt countries report the passport as being lost or stolen to the interpol which is what most people think of as being revoked.

 

[Bryanna]

I am a Canadian PR settles in Canada..my separated spouse is a Canadian citizen living in India and i have ongoing matrimonial cases for which I have non available warrants issued.My spouse is disguising the Indian external home ministry and asking to revoke my passport and order deportation.
She filed a misinterpretation in Canadian immigration as well which they closed after seeing my proof and submissions.
My question is what are the chances of me being deported If the Indian court issues a notice or the external ministry revokes my passport and asks for deportation as I am wanted in Indian court proceedings against me.Thanks

The short answer is No. You cannot be deported (not as easily as your estranged wife may think). Your passport, however, can be impounded (but again, under certain circumstances).

I'm assuming your wife has used a very common strategy by filing charges under Sec.498A against you. And, that would make it a non-bailable offence which is what I'm assuming you are referring to.

Regardless of the charges filed, an extradition is possible only when the crime committed in India is punishable by Canadian law as well. If it is a crime in both countries then extradition procedures can be initiated. Dowry harassment does not have a legal equivalence in Canada, but contempt of court (for not attending court proceedings) is an offence in both countries.

Extradition is a multi-stage process that requires authorization at various levels within the judiciary system (Indian and Canadian).

Your wife would need considerable influence and/or she must have exceptional evidence to convince the MEA (Ministry of External Affairs) that the charges/crimes committed by you are so serious that it warrants your extradition to India. Has this worked for offenders who have committed far more serious crimes than a Sec.498A? No. Case in point: Vijay Mallya.

But, before you mistakenly believe that all is well for you:
As soon as you have received the summons to attend the court proceedings + the bail order, you must ask your lawyer to file for anticipatory bail + apply for exemption from attending the court proceedings in person. Hopefully, you have done this.

Otherwise, after a few court dates, you could be declared as a 'Proclaimed Offender'. Later, a Red Corner notice and/or a Look Out notice could be issued. Realistically speaking, it would be extremely difficult/almost impossible for your wife have a Red Corner notice and LO issued against you. Generally, this does not happen for matrimonial/dowry disputes.

Your best bet is to seek an out-of-court settlement with your estranged wife. Maybe she is being vindictive or maybe she wants a large compensation. Nonetheless, I suggest you hire a competent lawyer who has experience in matrimonial and criminal matters. And, you may want to double check any advice you are given by the lawyer you hire with other competent lawyers.

Just out of curiosity:
Why has your wife filed all these charges/non-bailable offences against you in India? Why not in Canada (if she is presumably on the right side of the Law)?

 

[Capboy]

The short answer is No. You cannot be deported (not as easily as your estranged wife may think). Your passport, however, can be impounded (but again, under certain circumstances).

I'm assuming your wife has used a very common strategy by filing charges under Sec.498A against you. And, that would make it a non-bailable offence which is what I'm assuming you are referring to.

Regardless of the charges filed, an extradition is possible only when the crime committed in India is punishable by Canadian law as well. If it is a crime in both countries then extradition procedures can be initiated. Dowry harassment does not have a legal equivalence in Canada, but contempt of court (for not attending court proceedings) is an offence in both countries.

Extradition is a multi-stage process that requires authorization at various levels within the judiciary system (Indian and Canadian).

Your wife would need considerable influence and/or she must have exceptional evidence to convince the MEA (Ministry of External Affairs) that the charges/crimes committed by you are so serious that it warrants your extradition to India. Has this worked for offenders who have committed far more serious crimes than a Sec.498A? No. Case in point: Vijay Mallya.

But, before you mistakenly believe that all is well for you:
As soon as you have received the summons to attend the court proceedings + the bail order, you must ask your lawyer to file for anticipatory bail + apply for exemption from attending the court proceedings in person. Hopefully, you have done this.

Otherwise, after a few court dates, you could be declared as a 'Proclaimed Offender'. Later, a Red Corner notice and/or a Look Out notice could be issued. Realistically speaking, it would be extremely difficult/almost impossible for your wife have a Red Corner notice and LO issued against you. Generally, this does not happen for matrimonial/dowry disputes.

Your best bet is to seek an out-of-court settlement with your estranged wife. Maybe she is being vindictive or maybe she wants a large compensation. Nonetheless, I suggest you hire a competent lawyer who has experience in matrimonial and criminal matters. And, you may want to double check any advice you are given by the lawyer you hire with other competent lawyers.

Just out of curiosity:
Why has your wife filed all these charges/non-bailable offences against you in India? Why not in Canada (if she is presumably on the right side of the Law)?

She filed in India as the property was in my name in India and I am new to Canada so no good job and no bank balance and property on my name.What would she get from me in Canada financially?nothing.
Whereas in India she has involved my family with false charges so that we give in her demands and pay her to get rid of this mental agony.

 

[Bryanna]

She filed in India as the property was in my name in India and I am new to Canada so no good job and no bank balance and property on my name.What would she get from me in Canada financially?nothing.
Whereas in India she has involved my family with false charges so that we give in her demands and pay her to get rid of this mental agony.

I have seen such cases before.

It is unfortunate the Indian Marriage Laws were amended a couple of years ago in favor of the "aggrieved" woman.... who could claim right to property, including ancestral property (IMO, it is illogical to include ancestral property!!).... in a divorce settlement.... and the court has the discretion to grant her any percentage of share even if the marriage lasted for just a few weeks/months.

Personally, I'm not in favor of such a law that can be misused/allows someone to make false claims of harassment/allows someone to make inconsiderate demands for a divorce settlement.... in short, it reduces marriage/divorce to a money-making business.

I empathize with you. Glad it is over for you. You can now start a new chapter in your life

 

[Venky19]

I was in such similar situation. The best approach is to show up at police station and they are obligated to issue station bail. If Police deny bail, appear straight in the court of jurisdiction with lawyer and apply for bail. Matrimonial disputes are not looked as criminal cases and bail is issued normally.
By doing this you are demonstrating willingness to cooperate with enforcement agencies and law abiding. In the first place, this would not escalate situation further. Failing to present physically might escalate to MEA and look out notice may be issued to border agencies, this is a bigger mess. No one has authority to touch (impound/ revoke) your passport as long as you are physically present and obtained bail. Being a PR, also notify yourself to IRCC so that they don't hear from someone else (usually disgruntled wife). Easier said than done, my honest opinion is deal with it in person with out leaving traces of escape. FYI, your wife can not influence MEA for matrimonial case.. Neither she nor MEA or above Constitution.

I am a Canadian PR settles in Canada..my separated spouse is a Canadian citizen living in India and i have ongoing matrimonial cases for which I have non available warrants issued.My spouse is disguising the Indian external home ministry and asking to revoke my passport and order deportation.
She filed a misinterpretation in Canadian immigration as well which they closed after seeing my proof and submissions.
My question is what are the chances of me being deported If the Indian court issues a notice or the external ministry revokes my passport and asks for deportation as I am wanted in Indian court proceedings against me.Thanks