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praveen (Electrical Engineer)     15 September 2017

Release of seized passport

Friends and Senior Experts, Greetings!!
1. Wife filed FIR XX of 2013- 498a, Maintenance, Domestic Violence in the year 2013 (Stay Order from High Court)
2. Wife filed FIR YY of 2014 - 307, 406, 420 (Stay Order from High Court) FYI After four years of time, she decided to come for Mutual Consent Divorce, and we both filed in the month of zz/2017 and this is the 6th month. She withdrawn the cases in the High Court and court has quashed the stay orders. Still Mintenance and DVC has to be with drawn by wife.
Question: 1.
When Police arrested me in the begining of the cases they took my expired passport and and renewed passport.
2. Police Seized the passport and now it is with the court ... Any procedure while taking passport from the court,of course advocate will file the petition in the court, I mean, any clearance required from police or court because from last four years it was in seized mode.
After with drawing all the cases, just want to take the passports without any struggle from officials, Can I go abroad without facing any problems. Thanking you in anticipation,

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 5 Replies

Siddharth Srivastava (Advocate)     15 September 2017

Just file an application in trial court for release of your passport. If necessity arise you may go abroad with the permission of court even during the pendency of the trial and case. You may also seek your permanent exemption of your appearance in court. 

praveen (Electrical Engineer)     15 September 2017

Sidharth sir, Thank you very much for your prompt reply..

Criminal Stay order cases has been quashed in the High Court, Family Court has to release the passport. Opposite party withdrawn the cases DVC and Miantenance.

While releasing passport from court, do I need any clearance from court or Reginal Passport Office or Police Station any clearnace certificate because it has been seized mode from last four years.

In case, If any of the passport document/ visa has been tored by opposite party then what action to be taken.

Thanking you in anticipation

Siddharth Srivastava (Advocate)     15 September 2017

You shall not be required to seek any approval or permission from regional passport office for getting released your passport from court. 

praveen (Electrical Engineer)     15 September 2017


It if fine, my intention is, when police arrested me in the year 2013 SI has asked me to submit my passport, police took expired and renewed passport from me, did not even given any receipt.

they simply siezed my passport with out any court order in charge sheet.

If accidently in passport pages or visas pages has been missing then what action I can take on officials.

Siddharth Srivastava (Advocate)     16 September 2017

If the seizure of passport reflects in a seizure memo filed along with challan is sufficient to file an application in court for release of the same. If any page or visa is missing then just reply for the same. It would be difficult to ascertain that page or visa was missing due to the fault of the police. 

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