498a - Passport siezed

kiran (Querist) 13 September 2009 This query is : Resolved
Dear Madam/Sir,

I am currently undergoing a 498a and Divorce and my marriage was solemnized on MAY-2005.

1. 498a filed by my wife on Nov-2006
2. Divorce file by me on Jul-2008

Background:

I was about to leave abroad for project work on Nov-2006, but my wife filed a 498a case assuming that I am leaving India to pursue higher studies and to stay away from her.
Subsequently , Sessions court judge has asked me to deposit passport ,which I did in NOV-2006.

Question:

Is there a possibility of obtaining my passport back?

Please let me know if there is any law to help me get my passport back.

Thanks and Regards.
Kiranriven

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Sarvesh Kumar Sharma Advocate (Expert) 13 September 2009
filing writ in high court regarding dis matter is a better solution.
riven

Bhumik Dave (Expert) 14 September 2009
U can file a writ petition in the high court.riven

Kiran Kumar (Expert) 14 September 2009
well writ in the instant matter is not at all maintainable.

make an application to the sessions court, for release of Passport, making the facts clear for what purpose u need passport, if it is for work purposes then submit the documents along....u ll ve to give undertaking that u ll come back as on the date fixed by the court....but mind it if it is allowed then it ll be subject to heavy suerty.

in case the sessions court declines then move to high court but still not under writ...but under S.482 Cr.P.C

consult a local lawyer for details.riven

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