K.S. Grewal, J. - (1.) 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. 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 remain here.
(3.) 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 Regional Passport Officer wrote to the petitioner asking her to furnish an affidavit regarding her marriage and give the details of her journey. She was also asked to deposit a sum of Rs. 5,000/ - as penalty for suppression of material facts. This letter is Annexure P -2, an excerpt of this letter is reproduced below: With reference to your passport application of even number dated 2.11.2004 regarding grant of passport facilities. You are hereby again advised to furnish proper sworn affidavit stating that you are likely to get your stay regularized or visa on the basis of your marriage etc. in that country and also furnish details of your journey with old passport number, flight number date of departure and mid (sic) visa details on which you have traveled abroad and also furnish sworn affidavit if you ever sought political asylum at abroad and deposit penalty of Rs. 5 „000/ -due to suppression of the material facts. The petitioner deposited the penalty of Rs. 5,000/ - on November 28, 2008 and also furnished her affidavit, copy of which is Annexure P -4.;