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2008 Supreme(P&H) 1227

K.S.GAREWAL, DAYA CHAUDHARY
Balwinder Kaur Saini – Appellant
Versus
Union of India – Respondent


Advocates:
For the Petitioner:Mr. Girish Agnihori, Senior Advocate, with Ms. Binyajeet Sharma, Advocate.
For the Respondents: Mrs. Naveender P.K. Singh, Additional Central Standing counsel.

JUDGMENT

K.S. Garewal, J.:- Balwinder Kaur Saini is the petitioner who is seeking return of her passport F-5675521 issued to her on December 2,2005.

2. The petitioner’s case is that she married Anokh Singh (date not disclosed) and after marriage her husband shifted to Canada. The petitioner wished to join her husband’s home in Canada and applied for a passport, which she received and she also moved to Canada in 1997.

3. On November 2, 1997 she gave birth to a son, Kamaljot Singh Saini in Vancouver, British Columbia, birth certificate is Annexure P-1. Petitioner stayed in Canada from the year 1997 to 2004. She has given the details of the places where she worked, from April 1998 to 2003, in para 5 of the petition. In 2004 the petitioner’s passport was allegedly found to be not genuine and she was deported to India to obtain a fresh passport. The petitioner returned to India with her son, leaving her husband behind. After sometime her son returned to Canada but the petitioner per force continued to remained here.

4. The petitioner applied for a new passport, she lodged her application on November 2, 2004 and explained all the facts of the earlier passport. On November 24, 2005 the Reg
















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