Does the Family Court has right or Jurisdiction to Seize or Impound the Passport of Respondent in a Divorce Petition or Maintenance Petition?
Case study;Today I received a letter from Regional Passport Office, Bangalore asking for my explanation why my passport can not be impounded based a complaint they received that stated court case being filed and that I am avoiding attending the court proceedings and that I am trying to take the minor child out of the country. I have not got a copy of the complaint and there was no mention of the complainant. It clearly does not look like a court order.
4. You should take along with you the Child Jurisdiction True Copy details. Her GWA petition and True Copy of your GWA petition for clarifying the'root" of malice read with malafide intention the complainant approached Passport Authorities directly "by passing" Jurisdiction of a competent Court and or even her Jurisdiction Police Station to lodge such"formal protest" read with "impounding" frivilous plea ! I am not sure if you can do / say so much based on my experience handling your past replies.
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Case study;Today I received a letter from Regional Passport Office, Bangalore asking for my explanation why my passport can not be impounded based a complaint they received that stated court case being filed and that I am avoiding attending the court proceedings and that I am trying to take the minor child out of the country. I have not got a copy of the complaint and there was no mention of the complainant. It clearly does not look like a court order.
I am planning to attend the Passport Office and request for the complaint copy and possibly request them for any documentation proof I need to provide to prove I have not violated anything within the Indian Passport Act 1967. What should I request passport authority in order to prevent such perpetrators of legal terrorism in future ? I am really puzzled ot see that Department of External affairs spend their precious time on such frivolous complaints and send notices to the law abiding citizens of this country!
Background: My wife filed GWA petition at her place in the honorable court for the sole custody of the minor son stating that the ward has joined her on a date, and that the ward is residing with her and that I am threatening to take the ward away and possibly out of the country. In reality, my son is staying with me and is attending a school locally in my area. I have sent legal representation along with the counter. I also filed a statement of preliminary objections with all the proof that the "cause of action" stated by her is false (with medical records and school records) and that the court there has no jurisdiction based on the "ordinary residence" of the child. I have provided school records (bona fide school certificate, regular attendance certificate and school report cards). The court has adjourned for verification of the documents and might give a final verdict in the next hearing. I have also filed GWA petition in the jurisdictinal court here stating that the child wants to stay with me, and possibly wants to travel out of the country for vacations etc. Got a long date!
Reply;1. What Passport Authorities have done is that they are following "civil consequence" before passing Order on "impounding" i.e. giving you opportunity to be heard.
2. Court cannot "impound" passport even under S. 104 CrPC.
3. Even if police has "seized" Passport wide power under S. 102 CrPC then thereafter the police must send it along with a letter to the Passport Authority clearly stating that the seized passport deserves to be"impounded" for one of the reasons mentioned in S. 10 (3) of the Passport Act. Since impounding of a passport has civil consequences, the passport authority must give an opportunity of hearing to the person concerned before impounding his passport. Ref.: State of Orissa Vs. Binap
4. You should take along with you the Child Jurisdiction True Copy details. Her GWA petition and True Copy of your GWA petition for clarifying the'root" of malice read with malafide intention the complainant approached Passport Authorities directly "by passing" Jurisdiction of a competent Court and or even her Jurisdiction Police Station to lodge such"formal protest" read with "impounding" frivilous plea ! I am not sure if you can do / say so much based on my experience handling your past replies.
5. The complete Bare Act applicable in your facts are clearly mentioned inS. 10 (3) Indian Passport Act and reproduced for clarity as;
“10. Variation, impounding and revocation of passports and
travel documents
(1) The passport authority may, having regard to the provisions of sub-section (1) of section 6 or any notification under section 19, vary or cancel the endorsements on a passport or travel document or may, with the previous approval of the Central Government, vary or cancel the conditions (other than the prescribed conditions) subject to which a passport or travel document has been issued and may, for that purpose, require the holder of a passport or a travel document, by notice in writing, to deliver up the passport or travel document to it within such time as may be specified in the notice and the holder shall comply with such notice.
(2) The passport authority may, on the application of the holder of a passport or a travel document, and with the previous approval of the Central Government also vary or cancel the conditions (other than the prescribed conditions) of the passport or travel document.
(2) The passport authority may, on the application of the holder of a passport or a travel document, and with the previous approval of the Central Government also vary or cancel the conditions (other than the prescribed conditions) of the passport or travel document.
(3) The passport authority may impounder cause to be impounded or revoke a passport or travel document,-
(a) if the passport authority is satisfied that the holder of the passport or travel document is in wrongful possession thereof;
(b) if the passport or travel document was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the passport or travel document or any other person on his behalf;
[Provided that if the holder of such passport obtains another passport the passport authority shall also impound or cause to be impounded or revoke such other passport]
(c) if the passport authority deems it necessary so to do in the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public;
(d) if the holder of the passport or travel document has at any time after the issue of the passport or travel document, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;
(d) if the holder of the passport or travel document has at any time after the issue of the passport or travel document, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;
(e) if proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before a criminal court in India
(f) if any of the conditions of the passport or travel document has been
contravened;
(g) if the holder of the passport or travel document has failed to comply with a notice under sub-section (1) requiring him to deliver up the same;
(h) if it is brought to the notice of the passport authority that a warrant or summons for the appearance, or a warrant for the arrest, of the holder of the passport or travel document has been issued by a court under any law for the time being in force or if an order prohibiting the departure from India of the holder of the passport or other travel document has been made by any such court and thepassport authority is satisfied that a warrantor summons has been so issued or an order has been so made.
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