Passport impound

@ Vineet,

Your physical passport is not needed for cancellation. As long as the details of your passport are furnished, it should be sufficient for passport office to cancel your passport and that is why you are going to receive a letter from passport office.

thanks Victim,

my wife file DV and 498A against me and my family..we sifted ur home to other....but i get to know she take the order from the court for my passport impound...we did not take any notice from her side also...

See;
1. The power to impound the Passport under S. 10 (3) of The Passport Act, 1967 involves ‘discretion’ to be exercised by the Passport Authorities and the passport cannot be impounded in a mechanical manner.
2. The Passport authorities while approaching you on the request of wife as per Order of the Court should deal strictly in accordance with Law which is statutory requirement.

Hence;
1. Take the Notice of Passport Authorities.
2. After receiving Notice write to them about reason and discretion to apply (means make an representation).
3. They may reply back. If you are not satisfied with provided reason then again make representation with your reasoning.
4. They may again reply back and if you are still not satisfied then handover your Passport to them and approach HC under Writ jurisdiction i.e. Appeal.
4. Under COI you have a right to travel abroad for employment and thus laxity can be given in presented brief if proper ‘undertaking’ given by your side to appropriate Authorities.
5. Physical Passport not required to ‘cancel’ once Passport. It is only required to affix ‘stamp and seal’ of designated Authority impounding the same.
6. Some dozen months back I wrote three threads on Passport related questions, dig and refer to them it carried selective case laws whose studies is important to handle revocation – impounding of Passport of Citizen of India as caused upon using Family Laws by metro wives.  
Reasoning:
You see understand that, under Sub-section (5) of Section 10 of the Act, to the extent it is relevant, provides that when the passport authority makes an order impounding or revoking a passport or travel documents under Sub-section 3, it shall record, in writing, a brief statement of the reasons for making such an order and furnish to the holder of the passport or travel document on demand a copy of the same unless in any case, the passport authority is of the opinion that it will not be in the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country or in the interests of the general public to furnish such a copy. Above is a statutory requirement and simple Notice shall not do, speakign reason should be given alogn with Notice to impound passport in Family Law cases. 

@ Vineet,

Above advice given by the advocate is the legitimate legal advice. Talking of me, I will answer in my version because of what you are going through - i have gone through it in past. I can only tell what will happen when - however only lawyers can give you legal advice. So please try to follow them and if you need any help from my end try to PM me.

thanks Victim,

can u help me if i am  not taking sommon in false 498a case???

can they will issue warrant against me and my family? if we r not taking sommon ?

Generally Passport needs to be surrendered in Court in 498a. If you get bail, one of bail condition is to surrender passport.

If you don't surrender, your bail will be cancelled.

 

Once chargesheet is filed, you can submit Writ and show any employment onshore and get passport back.

@ Vineet,

Check your PM.

 

If you already received a notice from passport office, you can’t travel because there is already travel ban in the emigration system. you can't pass through any emigration check points. 

If you are not producing the passport upon intimation from passport office, you may got arrested (even without warrant)  and liable to be punished with imprisonment for a term which may extend to 2 years or with fine which may extend to Rs. 5000 or both.

This order is for impounding your passport and not to revoke.  You can appeal in HC. 

I am abroad from 4 years as a permanent resident i sent my pasport for upgrade they told me my pasport is impounded from 2011 regarding a pending court case .I travelled 5 times in between this time . I am getting my passport back in same condition would i still be eligible to travel on that or not .My family showed them the degree of that case already but passport office want me to go to india to fix that thing .I dont know what to do please suggest

I am abroad from 4 years as a permanent resident i sent my pasport for upgrade they told me my pasport is impounded from 2011 regarding a pending court case .I travelled 5 times in between this time . I am getting my passport back in same condition would i still be eligible to travel on that or not .My family showed them the degree of that case already but passport office want me to go to india to fix that thing .I dont know what to do please suggest