Passport surrender
Priyanka87
(Querist) 11 April 2017
This query is : Resolved
Respected experts, domestic violence and 498a case have been filed against husband and in laws. From this January husband is going out of India once in every month which is against his bail condition. Recently in 498a all 3 of them took exception from appearing, as husband is out of country without court permission. Which is not mentioned in exception. Recently received divorce notice also. I doubt he might settle there as he is taking turns every month. Please help me what is procedure to make him surrender his passport in court on next hearing? I only have his photo proofs that were clicked abroad. Please remember I have a small kid who is just 6 years old.
Adv. Yogen Kakade
(Expert) 12 April 2017
You have been posting different queries with different names.
Why to change the name for asking relevant queries?
I really wonder what is your lawyer doing in your case as you remained with so many queries? or it seems you are just willing to verify the opinion of your lawyer.
If you are willing to get the passport of your husband submitted in the court then ask your lawyer to mention such thing before the court by filing an application.
Priyanka87
(Querist) 12 April 2017
Yogen Kakade: sir I had used a short name earlier and I wanted to come up with my identity other than using a pet name. I'm here for second opinion. I already have a council who is taking care of my DV case and changed previous lawyers for misguiding me after getting 2nd opinion from learned members here. If you have any answer please you my help me else I need not come to this page to carry other questions from learned people like you. Thank you
Adv. Yogen Kakade
(Expert) 12 April 2017
As your case of 498(a) is pending before the court and your husband has obtained a bail (conditional bail) and as stated by you that he has been travelling out of India or may be with a view to settling down abroad without the prior permission of the court, then you can certainly appeal to the court in this regard, it might result into cancellation of his bail and he might get deported to India. The photographs available with you shall help you as a supporting evidence to submit before the court along with an application.
And while talking about the divorce notice, the contents of the notice need to be seen. But he can not get divorce so easily without your consent or without very strong grounds against you. Reply to the notice with the help of good lawyer.
Priyanka87
(Querist) 13 April 2017
Yogen Kakade: He mentioned desertion and mental cruelty in his notice seeking dissolution of marriage. Another case has been filed against them based on MLC U/s 326 for abusing me where I underwent major surgery. Cases are going on for over 2 years now. I'm Expecting summons in 498a before next hearing. Thanks for understanding the problem and for the reply sir.
Adv. Yogen Kakade
(Expert) 13 April 2017
You are welcome..
For further help please mention full facts of the case.
Rajendra K Goyal
(Expert) 13 April 2017
Agree with the expert Adv. Yogen Kakade.
Raj Kumar Makkad
(Expert) 14 April 2017
It is always good to trust upon your own lawyer instead of inviting confusion by discussion with various experts.
BAALASUBRAMANNYAMM
(Expert) 14 April 2017
Irrespective of all other things, if you feel that your husband had violated the bail conditions, you have to bring the same to the notice of court by filing a petition, asking the court to cancell the bail order, which was passed earlier. Rest of things will depend as per law.
Priyanka87
(Querist) 15 April 2017
Thanks for the reply experts.
