@ Vikram,
1. Your biggest problem is your current Lawyer. Change him today!
2. In FC the first thing they do is reconciliation. All that your current Lawyer should have done was to convey to you about its date. He could have taken an forward date when you would be present in city. That is all.
3. Now there are two ways to look at FC's current direction on cease of passport and HC pending case filed by your side.
One - FC has given right direction bze your current lawyer is playing fraud upon Court in collusion with you. You cannot sue him but you will always remain hit bze all directions ot him where given verbal is my assumption unless you prove me wrong on this part !.
Two - If after FC issuing Order to concerned authorities to cease your passport is announced and then you approached HC then I don’t think you will get any relief from HC. Still all the best.
4. There are lapse and procedural error adopted by both your current lawyer and you irrespective you are on some space shuttle odysseys almost 11 months a year times next 5 years.
Read some igyan in below link on Passport matters;
https://www.lawyersclubindia.com/forum/Threat-to-cancel-bail-order-if-passport-not-surrendered-57881.asp
5. If after passport seizure you still donot appear before FC then ex-party Order will be announced against you and whatever prime facie your has thus so far wife has plead will be granted to her and case will be put on ex party evidence stage.
6. Before Evidence stage it is obvious that her side will execute the Interim orders upon your last known address.
7. After defaulting on Execution order she will again approach Court for attachment of properties (movable / non- movable) At your last address if parents live then their college days rusting Vespa scooter will also be questioned as to whom it belongs to. After making such list its record will be submitted before Court for further proceedings.
8. An attachment order thus gets issued based on wife / her side ex party pleadings.
9. If from the proceeds of attachment order the arrears are not written off then a Warrant for your Arrest will be issued and via concerned Authorities served upon your last known address via forceful pleadings from your wife / her side.
10. You will also be subject to maximum 1 month SI Jail term for non payment of arrears. In SI for matrimonial offences most work that you will be doing being educated is to massage other inmates and in return you will get served in your cell curtsey other inmates. You will not be given any work and can roam and do gardening or smoke out your time inside prison. The diet money which is very minimum (Rs. 38-) will be meet by your wife to put you behind bars. All these are actual scenarios and no intent to scare or piss you off. Lawyers who know all these will attest my Igyan otherwise you can sue me anytime.
11. After spending 1 month jail term the previous arrears gets written off but fresh arrears gets accumulated till it is also met or arrest warrant gets issued in leave of.
12. All these she can very well do before and or at evidence stage also. At ex party evidence stage all she has to give ex party (since you are in some Ship) is repeat under Oath what she stated in her Application and that is her evidence and based on which Final Judgment is passed which will again go against you as it is ex party Judgment.
13. If you later come back and challenge it then the first thing Appellate Court will ensure is minimum 50% arrears payment then they will listen for 2 minutes merits of case to throw it or admit it. To me 50% adverbial order of a Merchant Navy working class husband is hell of lot of money read with high litigation cost of hiring another or same seasoned lawyer and I have no clue about your capacity J
14. Now during all these if you still manage to stay put in your Merchant Ship then I call that wonder and if not then welcome back to Indian soil with a brand new seasoned advocate services.
15. Most husbands living in overseas countries / ship or space shuttle are there on some or the other Contract - right ! S. 125 CrPC is a special benevolent provision and it overrides such Contracts as it is bounded duty of a husband unless you prove it otherwise by appearances in Court proceedings. Tomorrow you will say I have contract of 10 years and until it finishes I cannot come so my wife should wait and all court proceedings should stay till then - fantastic thinking.
16. To me your wife and her lawyer looks capable enough to do all above and passport seizure Order is just a small glimpse she / her side sent to you as message to bound to India. My special wow to your wife J Can you reply how long it took her for that !
17. Remedy:-
- Change Lawyer. Appoint a new one. Ask him to FedEx Vakalatnama to your next port of call. You sign and return Spedexo same.
- Donot appoint your father on PoA. He has nothing much to value add in your and your wife’s maint. case J
- Take leave from your Merchant Ship current duty for minimum a month.
- Surrender before Indian Authorities at nearest port of call and ask them to issue you temp. travel documents to travel to Indian FC as basically pleading for time to surrender before concerned FC citing above direction of the FC.
- Withdraw HC case it is waste of money now. HC will not go into fresh evidence and it will summarize the FC previous Order serially and dismiss and may add with cost your appeal before them.
- Appear before FC and participate in reconciliation proceedings. It is your choice to bring her back or contest for which I have nothing to add what you are supposed to say in reconciliation proceedings other than you are marking your mandatory presence. Had this been done earlier the passport seizure would not have been directed. That is why I have criticized here FC proceedings nature because it s so adversial and this query is one such example unfortunately.
- File an Application in FC for exemption from personal appearance and give assurance to Court of your physical presence during cross examination / evidence stage. That is when you are actually required also.
- File another Aapplication for release of passport so that you can earn a living (fundamental rights – overrides special Laws remember that) travel reasons to rejoin Ship additionally citing reason of loosing Job and recession (ability of earning an income will become Zero if that is her cause of action) and again give assurance of your physical appearance as and when required. Give verbal reasoning that FC can’t retain passport more than 4 weeks which is binding precedent of Hon’ble SC! By the time you do all above it will be almost 4 weeks of passport seizure lapse time!
- A new seasoned lawyer is supposed to do above and if cannot then I cannot offer you more help to you main apprehensive query before us.
- If you cannot understand above simple process flow then also I have nothing to value add further in your post.
- Rest replies here are not going to solve your current problems.
It is a long procedural reply either delete / omit it or read it attentively and pay attention to save cushion Job read with fantastic salary that MS guys avail of which each FC is also aware of. S. 125 crPC is a civil remedy but procedure wise uses CrPC The Code and CrPC has vast powers read with sari, sindoor and glycerine powers of your abala wife.
Still all the best.
