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shivani (housewife)     27 April 2013

Advice

agar kisiko restrict kia hua hai india ke bahar jaaney ke liye court ki taraf se....and agar woh british passport holder hai....and agar woh india ke bahar chala jaye.... toh kya action lia ja sakta hai?? and kaise pata chalega ki woh india ke bahar gaya hai court se hide karke...........



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 5 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     27 April 2013

It depends upon the VISA of which country had he been issued. U can go to embassay of that country and clarify that whether he has been moved there or not. For any kind of help u can contact me at 9871158578

ali (-)     27 April 2013

first you have to check that whether his passports have been taken into coustody by the court and if it is the same than you should check whether he has made any application to the court for temporary realse of passport and if it is not then  Make an application to the court which imposed condition upon him to not to leave boundry of india and there after the concerned court will order to investigate the same matter and after that if things are found satisfactory to the court he may cancel his bail bond for the breach of the condition. 

Tajobsindia (Senior Partner )     27 April 2013

 

 

Originally posted by : RAKHI BUDHIRAJA

 

It depends upon the VISA of which country had he been issued. U can go to embassay of that country and clarify that whether he has been moved there or not. For any kind of help u can contact me at 9871158578

 

I disagree to advice of @ Rakhi

When the que. is that the queriest does not know to which country the person has been issued VISA and then traveled to then how on earth queriest can go to an 100’s of Embassies spread across various metros of India to check ? Further Foreign Embassy / Missions never replies to such private enquires at all as they have diplomatic immunity.

1. If the information is correct then it is Contempt of Court Order.

2. The queriest is first of all advice to find from reliable sources if the alleged contemnor person has confirm traveled overseas or not.

3.
 The queriest then is also required to find out country of travel and nearest date of travel and only then the queriest is eligible to file an Application under Contempt of Court in a competent Court to take action against the contemnor for alleged acts of contempt of Hon'ble Court's restraint Order.

[Reliable sources can be; any member his family - his relative - detective - friend(s) - employer - business partner - informer and ensure the source can come forward to submit to Court h/er proof affidavit.]

Advocate M.Bhadra   27 April 2013

This is an order of Indian Court, Embassy of other country can not interfare.

here are 2 ways in this context:

1) You may approach the court (which mentioned this condition while granting bail) for getting the condition waived. This is usually possible if police investigation is over and charge-sheet has been filed. Mention in your petition that you will appear in person in the court as and when required by the court during trial. In such scenario, the court usually waives-off the condition. And once this is done, you need not take court's permission to go abroad whenever you do so again in the future.

2) If chargesheet is yet to be filed, you may approach the trial court requesting you to allow to go abroad for a specific period (mention the duration of your travel). You may mention that this travel is required for your 'bread-and-butter' purpose (use this term). If possible, provide office documents which shows that your office is asking you to go abroad. Also mention that you will appear in person in the court as and when required by the court. In such scenario, the court usually gives you permission to go abroad for that specific period.

Tajobsindia (Senior Partner )     27 April 2013

@ Need Justice

Agreed I am aware of his British passport. I simply rebutted to @ Rakhi and thus VISA got mentioned.

Moreover I disagree to your para 1 also, as no Notice goes to Immigration Counter as Red Flag in family law cases such as in instance one and for that separate procedure is there and for the same specific prayer and then same needs to have been got allowed and then info. is conveyed to ports. It was a summary condition para as made out by cryptic query to best of my reading it down in a family law case. now it is for the JH to find out and place such Contempt before Court. She is just aprehensive about it as having no access to him like if he may have left or may already left kind of.


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