PCC With 498A For PR

[RahulCR7]

I am working in Work permit in Canada. I came here in January 2020.I want to apply PR. I know the two primary steps are clearing IELTS exam and WES Certificate valuation .But I have an ongoing marriage dispute 498A case going on in India.still now no hearing happened. Since the case is false completely I have applied for quashing in high court.
My question is for PR I need PCC .
1.Will my PCC be cleared ?
2. Since quashing is in process will I be still showing chargesheeted
3. My passport will get expire next year . I am thinking to reissue it from here. If my passport get reissued will I need still PCC

 

[scylla]

I am working in Work permit in Canada. I came here in January 2020.I want to apply PR. I know the two primary steps are clearing IELTS exam and WES Certificate valuation .But I have an ongoing marriage dispute 498A case going on in India.still now no hearing happened. Since the case is false completely I have applied for quashing in high court.
My question is for PR I need PCC .
1.Will my PCC be cleared ?
2. Since quashing is in process will I be still showing chargesheeted
3. My passport will get expire next year . I am thinking to reissue it from here. If my passport get reissued will I need still PCC

1. Generally you cannot have an ongoing case to get a clear PCC.
2. I believe it will continue to show until the charges are fully dropped.
3. Yes, you will need a PCC if you want to apply for PR.

 

[kranthi23]

I am in same situation. I already got quash. Did not went to court hearing as its false allegation. I am in the process of applying PCC.. Did you got your PCC cleared?

 

[Bhush12]

I am working in Work permit in Canada. I came here in January 2020.I want to apply PR. I know the two primary steps are clearing IELTS exam and WES Certificate valuation .But I have an ongoing marriage dispute 498A case going on in India.still now no hearing happened. Since the case is false completely I have applied for quashing in high court.
My question is for PR I need PCC .
1.Will my PCC be cleared ?
2. Since quashing is in process will I be still showing chargesheeted
3. My passport will get expire next year . I am thinking to reissue it from here. If my passport get reissued will I need still PCC

Hi Rahul, Do you have any updates on pending 498a, I have similar situation. Do you have any idea what steps to get PPC. I have applied for PCC but during police verification they found pending case against me. Now I need to get court order of case dismissed or court permission to provide PCC. But I am still confused what report I will get in PCC, Adverse or clear.

 

[srikanth2021]

Hi Bhush12, RahulCR7

I'm also in a similar situation, my wife has filled false 498A case against me which is currently at the ADR office for mediation.

I will be needing PCC to travel to Ireland in October, pls guide how shall I proceed for obtaining clear PCC as per your experience. Thanks in advance.

 

[Bhush12]

Hi Srikanth,

PCC will show pending case against you. Here we need to clear 498a first. Other way is to get court permission to issue PCC. Right now I am in process to get court permission. Further I am not sure If I will get Clear PCC with court permission. If anybody have past experience with such pending case, there inputs will definitely help.
Thanks!!

 

[srikanth2021]

Thank you Bhush12, please update the outcome of your PCC application. This will help me and others in the future.

 

[Makroh]

Hi Bhush12, what’s the outcome of your PCC application? Request you to please share .

 

[isahuja]

I’m in the same boat, my wife filled false 498A

 

[Vishal100]

Hi All,

I am in the same boat as you guys. Please share any updates you have.

I am sharing the story of my friend in the same situation, hoping it might help someone or provide more information on this topic.

He applied for PCC for Canada PR while he was in Canada he informed me that his police verification report was OK (Somehow, he managed to get that sorted out as he knew a few police friends), but the passport office picked it up.

Because while the passport renewal in India (2020), the passport authority raised the flag that you have a court case pending and need a court order to issue the passport as you have a police case pending. So he got the court order, and the passport was issued.

I don't understand why and how the passport office can pick this up.

The current status is Hold/Pending - no reply from anyone despite sending so many emails.

 

[iSaidGoodDay]

Somehow, he managed to get that sorted out as he knew a few police friends

No hate, but this bribery/pulling favors is uncool. I can understand the pain that others in this thread are going through, but what your friend did was very illegal.

 

[Vishal100]

No hate, but this bribery/pulling favors is uncool. I can understand the pain that others in this thread are going through, but what your friend did was very illegal.

Yes, I and all others would agree with you.

But I think anyone in this situation would do anything to come of the situation.

 

[vkamath]

No hate, but this bribery/pulling favors is uncool. I can understand the pain that others in this thread are going through, but what your friend did was very illegal.

Not sure if you are from India but 498A is highly misused. I can surely say 95% of the times there is no fault or its a false allegation. So everything is fair game. I rather donate my entire money to charity than give a single penny to her.

My friend had to give his 1 Crore + INR flat just to get the case withdrawn so that he could get his passport.

 

[iSaidGoodDay]

Not sure if you are from India but 498A is highly misused. I can surely say 95% of the times there is no fault or its a false allegation. So everything is fair game. I rather donate my entire money to charity than give a single penny to her.

My friend had to give his 1 Crore + INR flat just to get the case withdrawn so that he could get his passport.

I think it is hard to be in that situation and do everything right. Doing anything to survive has been seen in other similar cases too (e.g. abuses). But, once you do anything illegal and the courts find out, the person loses the case without even being able to present their argument. This person would now be considered guilty under Section 171E (or equivalent).

I hope the system changes to a evidence based system instead of a hearsay based one in case of 498A.