Passport Impound due to matrimony cases Passport Impound due to matrimony cases

3 years ago

My Passport is Impound due to matrimony cases. Wife complained to passport authority and passport authority treating i m more than KASAB. By this they are doing openly partiality. No FIR on me till date , i presented these matter in front of Chief Passport Officer in a appeal too via a self affidavit but they are not listening. What can be done. I consulted with my lawyer he was saying since no criminal cases going on you what court will provide you.
CrPC 12 and Domestic Violence cases are quasi-criminal in nature. As long as court has not issued any warrants of attachment/production against , i shouldn't need any permission from court to get passport.
But passport authorities are not listening.
The 498A case is with 156(3) private complaint by my inlaws but court treats it under section 200 parivaad.

Please help and guide me what can be done as no one is listening.

Thanks

Tishaa Maheshwari

Responded 3 years ago

A.Hello
Gross misuse of 498A is very common nowadays.
Since you are not guilty of any such acts, you can file a writ petition against the passport authorities in the HighCourt since you have the merits of the case in your favor. Impounding of passport is invalid.
Hope this helps.
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Kishan Dutt Kalaskar

Responded 3 years ago

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A.It is illegal. You may approach the High Court and they after winning you can file defamation case.
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Geeta Singh

Responded 3 years ago

A.As case is registered against you,so it is very clear that you will not get your passport only one way left make settlement with your wife
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Suneel Moudgil

Responded 3 years ago

A.1. you can approach the concerned High Court by way of a Writ Petition against the order of the Chief Passport Officer about impounding the passport without any valid reason,
2. a deep understanding of the cases and representation submitted by you is required before forming a legal opinion,
3. impounding the passport without any reason is a clear violation of the right to travel and gross misuse of power
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Jagannath S Pawar

Responded 3 years ago

A.If passport authorities are not listening to your grievances, you can approach High Court through Writ Petition to interfere and get your passport back. As far as there is no court order to impound your passport, authorities ought not to have taken action except specific reasons which they might be producing before the Court if needed.
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