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Hi,
I was born in India. I am living in India since my birth, did my schooling and college.I acquired Indian passport in 2011 and used it only in 2016 after I got married.
My mother is French by birth and my father is Indian by birth. I also hold Indian birth certificate. In November 2017 I acquired French passport through my mother. After this period I did not use Indian passport.
I went to Regional Passport Office to surrender my Indian passport since India does not allow dual citizenship. The passport office there told us that we are holding dual citizen ship and forwarded our documents to police to take action before and did not issue surrender certificate. They quoted Section 12(1A) of Indian Passport act in the letter sent to Police
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It is mandatory for Indian passport holders to surrender their passports to the nearest Indian Mission/Post immediately after acquisition of foreign nationality. Since the misuse of Indian passports constitute offences under Section 12(1A) of the Passport Act 1967, which states :
“whoever, not being a citizen of India -
(a) makes an application for a passport or obtain a passport by suppressing information about his nationality, or
(b) holds a forged passport or any travel document shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees", "
Until then we have been following up with the commissioner office but there is no proper response and every-time we see them they are saying that we have done criminal offence and they are seeking legal advise. It's been more than 60 days now and I am not able to live with my husband who is overseas.
Can anyone advise us if what we have done is wrong according the the Indian law?
Appreciate all your responses.
I was born in India. I am living in India since my birth, did my schooling and college.I acquired Indian passport in 2011 and used it only in 2016 after I got married.
My mother is French by birth and my father is Indian by birth. I also hold Indian birth certificate. In November 2017 I acquired French passport through my mother. After this period I did not use Indian passport.
I went to Regional Passport Office to surrender my Indian passport since India does not allow dual citizenship. The passport office there told us that we are holding dual citizen ship and forwarded our documents to police to take action before and did not issue surrender certificate. They quoted Section 12(1A) of Indian Passport act in the letter sent to Police
"
It is mandatory for Indian passport holders to surrender their passports to the nearest Indian Mission/Post immediately after acquisition of foreign nationality. Since the misuse of Indian passports constitute offences under Section 12(1A) of the Passport Act 1967, which states :
“whoever, not being a citizen of India -
(a) makes an application for a passport or obtain a passport by suppressing information about his nationality, or
(b) holds a forged passport or any travel document shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees", "
Until then we have been following up with the commissioner office but there is no proper response and every-time we see them they are saying that we have done criminal offence and they are seeking legal advise. It's been more than 60 days now and I am not able to live with my husband who is overseas.
Can anyone advise us if what we have done is wrong according the the Indian law?
Appreciate all your responses.
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