Please help!!!
kanchan gore
(Querist) 25 July 2013
This query is : Resolved
this is regarding the 498A case. my friend has filed a 498A case against her husband reason domestic violence due to adultery..the case is on board her husband has applied for a renewal of passport and thats where the police has objected the same because of the cases pending against him.my friend has given in writing that there is strong objection for her husband's renewal of passport.now what next. is there a possibility for husband to get a no obection from court in such circumstances? can she the public prosecutor charge her husband with adultery. my friend has a substantial evidence to support.
Advocate M.Bhadra
(Expert) 25 July 2013
Section 6(2) in The Passports Act, 1967
(2) Subject to the other provisions of this Act, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country under clause (c) of sub- section (2) of section 5 on any one or more of the following grounds, and on no other ground, namely:--
(a) that the applicant is not a citizen of India;
(b) that the applicant may, or is likely to, engage outside India in activities prejudicial to the sovereignty and integrity of India;
(c) that the departure of the applicant from India may, or is likely to, be detrimental to the security of India;
(d) that the presence of the applicant outside India may, or is likely to, prejudice the friendly relations of India with any foreign country;
(e) that the applicant has, at any time during the period of five years immediately preceding the date of his
application, 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;
(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;
(g) that a warrant or summons for the appearance, or a warrant for the arrest, of the applicant has been issued by a court under any law for the time being in force or that an order prohibiting the departure from India of the applicant has been made by any such court;
(h) that the applicant has been repatriated and has not reimbursed the expenditure incurred in connection with such repatriation;
(i) that in the opinion of the Central Government the issue of a passport or travel document to the applicant will not be in the public interest.
Calcutta High Court
Abhijit Sen vs Superintendent ... on 18 September, 2003
Equivalent citations: 2004 (1) CHN 66, 2004 CriLJ 1281
Author: D Seth
Bench: D Seth, R Sinha
In the circumstances, subject to the decision of this Court we relax the order restraining the appellant/petitioner from leaving India on the basis of the passport granted to him. Till the decision of this application the petitioner shall be entitled to leave India on the basis of the passport. If already impounded, the passport be released to him on the basis of the security already deposited with the Registrar, Original Side. However, this is subject to the condition that the appellant/petitioner shall inform his itinerary before leaving India to the Regional Passport Authorities as well as the Officer-in-Charge, Lake Police Station and the expected dates when he is supposed to come back and every time he leaves India and comes back whenever to India, he will send information to the said respective officers.
Devajyoti Barman
(Expert) 26 July 2013
498A case become routine cases now and the court is every likelihood going to grant him permission.
Ask him to make application in the court.
Rajendra K Goyal
(Expert) 26 July 2013
Well advised by the expert, nothing more to add.
alexander
(Expert) 26 July 2013
$(*a and Adultery should be treated as separate offences though aadultery if condoned is a form psycologial toture. Punishment fo 498A is perhaps a prison sentence of upto 3 years with or without a fine.
Adultery is dirrevocably destructive of the marriage compact between the husbabd and hiswife and vice versa
I reproduce the relevant extract fromthe Hindu Matriage Act 1955 Sec13 1 (i) :-
" marriage can be dissolverdby a decree of divorce on the grounds when the other party has after the solemnisation of marriage had voluntary sexual intercourse with any personother than his or her spouse"
Make sure that he is made to pay adequate maintenance for you and the children and proper accomodation if you are not occuing the matrimonial house. Besides he has to pay the running expenses for fighting the divorce case (sec 125 CrPC) Along with this you could try and bargain a good one time alimony and a divorce on mutual consent although these might be considered inconsistent pleas. Please consult your local lawyer who would know all the facts of the case and may advise you for the best
alexander
(Expert) 26 July 2013
498a and Adultery should be treated as separate offences though aadultery if condoned is a form psycologial toture. Punishment fo 498A is perhaps a prison sentence of up to 3 years with or without a fine.
Adultery is irrevocably destructive of the marriage compact between the husband and his wife and vice versa
I reproduce the relevant extract from the Hindu Marriage Act 1955 Sec 13 1 (i) :-
" marriage can be dissolved by a decree of divorce on the grounds when the other party has after the solemnisation of marriage had voluntary sexual intercourse with any person other than his or her spouse"
Make sure that he is made to pay adequate maintenance for you and the children and proper accomodation if you are not occuing the matrimonial house. Besides he has to pay the running expenses for fighting the divorce case (sec 125 CrPC) Along with this you could try and bargain a good one time alimony and a divorce on mutual consent although these might be considered inconsistent pleas. Please consult your local lawyer who would know all the facts of the case and may advise you for the best
