• Can I get PCC certificate if I have pending divorce case and false 498a case in India

Hiii there,
I want to apply my permanent residency in canada and I need PCC certificate for that. The problem is my wife has filed false 498a case against me in the court. Nothing has been proved in the court yet, its a false case, she just wanted my money. Please suggest if i'm eligible to get PCC certificate or not. If so then will it affect my permanent residency application here?
Thanks
Asked 3 months ago in Family Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

17 Answers

Hello, 

  1. On basis of these existing case under section 498A you may not be insured PCC .
  2. If you are very sure of the case being false, you can approach the High Court to get the FIR and chargesheet quashed. Once it's quashed you can easily get PCC.
  3. If you fail to obtain PC certificate, it can impact your prospects of PR in Canada.

S J Mathew
Advocate, Mumbai
3596 Answers
175 Consultations

You won’t get a PCC as there is pending 498A case against you 

 

it would affect your permanent residency application 

Ajay Sethi
Advocate, Mumbai
97046 Answers
7838 Consultations

Since a criminal case is pending against you, the police may furnish adverse report  which will affect the police clearance certificate for the purpose of visa. 

a pending criminal case will definitely affect your Police Clearance Certificate (PCC), as it indicates a potential criminal record, and most countries will mention the pending case on your PCC even if you haven't been convicted yet; this can impact your ability to travel or obtain visas depending on the destination country's policies.

When applying for a PCC, you are required to disclose any pending criminal cases, and the authorities will include this information on the certificate. 

A pending case can raise concerns for immigration authorities and may lead to delays or rejection of visa applications, especially for countries with strict immigration policies.

The exact impact of a pending case on your PCC can vary depending on the country you are applying to. 

 

 

 

T Kalaiselvan
Advocate, Vellore
87249 Answers
2342 Consultations

File petition in HC for quashing of FIR 

 

if allegations are vague and devoid of material particulars HC would quash FIR 

Ajay Sethi
Advocate, Mumbai
97046 Answers
7838 Consultations

During the pendency of the said case, police will not provide you with PCC. It is only possible when you get discharged or aquitted from the case or the FIR is quashed.

 

So in my opinion the fastest way to get away with your case is to settle the dispute with your spouse get the FIR filed against you quashed.

Vishek Vats
Advocate, Delhi
90 Answers

You have to wait for the criminal case against you to be disposed in your favour.

T Kalaiselvan
Advocate, Vellore
87249 Answers
2342 Consultations

During the pendency of 498A case you will not get the PCC.

However the court can grant permission for renewal of your passport if the same is expired in the meantime.

Devajyoti Barman
Advocate, Kolkata
23247 Answers
514 Consultations

- During the pendency of the said case , the police will not issue PCC certificate , and hence if the PCC is not positive then you cannot proceed for Permanent Residency application approval.

- If you have valid ground against her allegation , then you can approach the High Court for the quash of the FIR. 

Mohammed Shahzad
Advocate, Delhi
14555 Answers
224 Consultations

Dear Client,

It is not impossible for a woman to get a PCC in India if one is involved in a 498A case and visa is pending. If the case is still pending, this must be stated in the PCC application, and this can lead to a non-clear PCC. But if a court order to quash the case is attained than very clean PCC can be acquired. As per Indian law, an application for passport cannot be rejected only on the grounds of a pending case Those have made certain legal decisions which states that the PCC should be issued, if there is no wrong record against the applicant as initiated in the two cases like B. V. V. Suryanarayana v Union of Andhra Pradesh and Shahul Hameed v Regional Passport Officer. In order to fasten the PCC process, get a certified copy of the quashing order and confirm that all relevant papers are well organized. In this case, it is recommended to consult a lawyer, so as not to get lost in legal matters and smooth the procedure for solving of the case. It is therefore necessary to be clear and provide all the documents needed for a successful application to be made.

 

Hope you find this answer satisfactory.

Anik Miu
Advocate, Bangalore
10207 Answers
121 Consultations

Police may refuse to give you PCC on account of pending criminal case 

Ajay Sethi
Advocate, Mumbai
97046 Answers
7838 Consultations

The police will send the adverse report mentioning the pending criminal case in it

T Kalaiselvan
Advocate, Vellore
87249 Answers
2342 Consultations

- You may get negative report from the police official 

Mohammed Shahzad
Advocate, Delhi
14555 Answers
224 Consultations

Dear Client,

In India police clearance certificate is obtained after  verifying the  record by the police officer for any criminal activity. Since you have a pending case under section 498A,the police charges will most probably be mentioned in the PCC. As there is no such evidence in the case, the police may still mention any other criminal charges made in relation to a citizen. This can be an issue for your Canadian permanent residency application since Canada does conduct Criminality Checks during immigration. Technically, there is no legal method of accelerating the PCC if the specific case is still pending but you can consult with  a legal attorney to look for a legal solution to resolve the case in a short period  of time.

Thank you.Hope you find the answer satisfactory

Anik Miu
Advocate, Bangalore
10207 Answers
121 Consultations

You have to furnish the correct details about you for obtaining PCC.

If the police finds out that you are married but have suppressed your marital status then they may give adverse report which may have an adverse impact to you. 

T Kalaiselvan
Advocate, Vellore
87249 Answers
2342 Consultations

Separated should be mentioned as your status 

Ajay Sethi
Advocate, Mumbai
97046 Answers
7838 Consultations

Yes you can but same will be mentioned 

Prashant Nayak
Advocate, Mumbai
32517 Answers
202 Consultations

- Since, presently your matrimonial status is married , then you cannot concealed the same and only after getting divorce this status can be changed. 

Mohammed Shahzad
Advocate, Delhi
14555 Answers
224 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer