Impound of passport Impound of passport

5 years ago

Good Day to All,

I am undergoing a divorce proceeding since 2 years against my wife (I have filed for a divorce). Immediately she has put up many cases against me for domestic violence & Civil case for maintenance. DV is not a 498 case as our marriage was more than 7 years. During the proceedings Court ordered 15000 as interim maintenance in DV case. And 35000 as interim maintenance in marriage case. I’m a jobless since the whole problem started and am unable to pay such a huge interim maintenance.

We tried to have a settlement out of court but she is asking for huge sums of money, nearly Eighty lacs and a house to stay. I am in no position to pay such amounts.

I have put up an appeal in the high court as I’m unable to pay such huge amount. But as per the high court I have to pay the arrears before they can proceed with my request. The arrears have piled up to nearly 1450000. I can not pay such big amount. My lawyer has advised me to go absconding and find a job and live in privacy until she comes to reasonable terms.

The local court has issued summons for recovery of maintenance against me. And soon there may be a distress warrant issued as well.

If I go absconding, and search for a job out of India can My passport be impounded or revoked by the passport authorities? If yes how easy is the procedure to request the same. Will the passport authorities consider distress warrant and summons against me a reason to impound my passport? As me and my lawyer are hoping that in a years time we may be able to break the ice and have a compromise outside court.

Please advise.

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
Firstly there cannot be two maintenances and it must be consolidated to one. File applications for reduction before both the courts since you are unemployed and if they reject then approach the High Court. You will definitely succeed. If you have no properties of your own then nothing will happen. It is a paper order.
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