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Passport renewal in 498a case and 125


20-Feb-2024 (In Divorce Law)
I have 498A fir against me but CHARGESHEET IS NOT FILED. Along with that running 125 is going on and I have file divorce. Now I applied for a foreign company and got selected. But I don't have valid passport. Kindly guide which court should I ask permission as in 498A chargesheet is not filed so don't know which magistrate to approach. Also how much time it will take to get this NOC . Considering my case what is the max time I cam get passport valid for . Normally it is issue for 1 yr
Answers (6)

Answer #1
346 votes

Yes, a passport can be renewed even if a 498A case (cruelty against a wife) is pending, but there are important conditions you need to follow:

  1. Court Permission (if required):
    If the court handling the 498A case has imposed any travel restrictions or conditions, you'll need to obtain written permission from the court before your passport can be renewed or reissued.

  2. Declaration of Pending Case:
    While filling out the passport application, you must truthfully declare that a criminal case is pending against you. Hiding this fact can lead to rejection or even cancellation of your passport later.

  3. Limited Validity Passport (LVP):

In many cases, the Passport Office may issue a passport with limited validity (e.g., 1 year) instead of the standard 10 years. Once the case is resolved or you get clearance from the court, you can apply for full validity renewal.


If you're planning to travel abroad and there's a 498A case pending:

  1. First check if bail conditions or court orders restrict travel.

  2. Apply to the court for permission to travel if needed.

  3. Keep a copy of the court?s order and submit it with your passport application.

Let me know if you want help drafting the court application or passport affidavit I got you!

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

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Answer #2
963 votes
You can apply for a new passport or renew it without the need for magistrate permission. Since there are no restrictions pertaining to your passport, no such authorization is necessary. Even if you have a pending criminal trial, you are still permitted to travel abroad for work purposes without hindrance.
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Advocate Arinjay Bisht

Adv. Arinjay Bisht

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Answer #3
991 votes
Even if charge sheet is not filed, proceedings are pending as per your limited information. You can immediately seek for quashing of FIR, if you have merits in your matter and if not then seek permission to fly abroad from the court which granted you bail or where the trial is going on. Flying abroad with impending FIR is never advisable. For any further information feel free to contact. Thanks
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Advocate Bhawana Pandey

Adv. Bhawana Pandey

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Answer #4
888 votes
Greetings of the day. Query perused. Would advise you to seek a detailed legal consultation from an advocate. Do engage and get the documents and orders legally perused and sought a written opinion. There is no bar in going abroad in these matters unless specifically ordered by the family Courts to seek permission. Court details can be sought . Do connect
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Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

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Answer #5
887 votes
There is no automatic impoundment of passports in cases with pending charges, including 498A. However, the court handling the case may order it at its discretion. Since the chargesheet in your client's case is not filed yet, the court hasn't likely imposed any restrictions on travel.
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Advocate Abdullah Akhtar

Adv. Abdullah Akhtar

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Answer #6
900 votes
you should apply for passport and if you need noc than you can apply to magistrate of police station where 498A case filed. there will not be problem as this is family dispute. or you can talk to IO of case.
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Advocate Rajesh Kumar

Adv. Rajesh Kumar

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