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kushal..... (engineer)     09 July 2014

Nri husband wants to flee forever

Hello Friends,

I am not understanding where to start from but as of now I have to know something about my sisters life.

She is married for about 3 yrs now, her husband left her after 2 months and went hidding in a foreign country.

After great diificulty he came to india recently, as his passport is expiring and he wants to renew that(as he cannot from a foreign country as his passport was impounded, LOC has been issued against him, criminal cases are pending against him). He is pleading to court for his passport. Please let me know if there's a way that he don't get his passport back, because once that happen he will never again turn back to india and my sisters life would be incomplete forever and ever....

Your suggestions would be appreciated.

Regards

Kushal.



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     09 July 2014

If you are knowing the details about the case and the court in which he is appealing to get back his passport, you can file an intervene petition before that court narrating the facts and to record your objections to grant him the renewal of passport especially in the event of his nature to leave the country and abscond to an unknown place during the pendency of criminal cases against which are of matrimonial distress in nature, leaving the wife to toil in lurch without any means to support her survival.  You will certainly get a favorable relief from the concerned court, consult your lawyer and take his further advise on the issue.

Advocate Ravinder (Advocate/Attorney)     09 July 2014

Just intimate the passport officials that an LOC is issued against him, initiated by so and so court.  The Passport officials will confiscate his passport and arrest him immediately.

kushal..... (engineer)     10 July 2014

I totally appreciate your wise advise Sir.

A.You will certainly get a favorable relief from the concerned court

    Does court has authority to take passport into its custody and not to give him for his renewal. I ask         this because I've been told that no one has authority to hold someone else's passport.  

B.  The Passport officials will confiscate his passport and arrest him immediately.

       He is on an anticipatory bail ( his family here, bribed officials and got anticipatory bail  against law i.e.SC order). Though police seized his passport and handed to court. He is now trying hard to get his passport back (to renew it and later escape).

Biswanath Roy (Advocate)     11 July 2014

Intervening petition as advised by Learned expert Mr. Kalaiselvan is the only solution but you shall have to pray before the court to suspend the passport of your sister's husband for rendering natural justice and to keep your sister's husband under the fold of detention in India.  Simultaneously you can serve a legal notice to the Regional Passport Authority stating the facts of filing your case against him and can communicate the interim order related to.

Sudhir Kumar, Advocate (Advocate)     12 July 2014

nothing more to add.

kushal..... (engineer)     12 July 2014

I thank all of you.


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