Divorce - 498a - passport

kiran (Querist) 11 June 2010 This query is : Resolved
Hi All,

My passport was deposited in local session court in 498a case, meanwhile I am undergoing a divorce.

Can I ask for my passport back after I get a divorce..?

If yes.. what could be the conditions.

In no... how can I get my passport back.

Thanks and Regards,
Kiran

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Guest (Expert) 11 June 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100

e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

REGARDING YOUR PASSPORT AND CASE UNDER SEC.498A KINDLY NOTE THAT

1.YOU MAY APPLY TO THE COURT FOR RETURNING YOUR ORIGINAL PASSPORT AND SUBMIT UNDERTAKING THAT YOU WILL RETURN WHENEVER DIRECTED.
2.IN CASE APPLICATION ALLOWED YOU SUCCEED.
IN CASE REJECTED THEN FILE REVISION TO SESSIONS COURT AND MENTION ALL FACTS.YOU WILL SUCCEED.OR ELSE APPROACH HIGH COURT.
3ALTERNATIVELY YOU MAY FILE A WRIT PETITION TO THE HIGH COURT UNDER SEC.482 OF CRPC FOR QUASHING THE FALSE COMPLAINT UNDER SEC.498A AND PRAY FOR RETURN OF PASSPORT ALSO.YOU WILL SUCCEED
YOU MAY WRITE AND SEND DETAILS FOR ANY FURTHER HELP
THANKS.

kiran (Querist) 12 June 2010
Thanks alot for ur comments.

can Divorce granting be used as highlight point for asking the passport back ?

Or does Divorce does not have any affect in 498a case ?

Regards,
Kiran

Adv Archana Deshmukh (Expert) 13 June 2010
Divorce and a case u/s. 498A are different. So its effect will depend upon what ground the divorce is granted. If you obtain divorce on the ground of cruelty at the hands of your wife then it will definately have impact on her 498A case.

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