Respected forum experts!
Background:
My estranged wife has complained to the Passport Authority seeking impounding of my passport on two grounds that I am avoiding the court proceedings and that I am planning to take the minor child away from the country - while the court case is ongroing.
The fact is ofcourse otherwise as I have been granted exemption from appearance (this may be root source of her action) and that my wife has claimed jurisdiction on false "ordinary residence" cause of action.
Questions :
Whether I can file an Interlocutory Application in the same honorable court seeking either restraint order or injuction order to stop such harassment in the form of false complaints ?
1. Is it injunction order or restraint order that I need to seek and if so what is the relevant C.P.C section under which I need to file the IA ?
2. I know that I need to file an affidavit stating the fact and the copy of the "show cause" notice I received from the Regional Passport Officer. Can somebody guide me what should be a typical prayer in the main IA petition for this particular relief ? Is it something like "The respondent most respectfully prays that an (injuction or restraining) order be passed against the petitioner to refrain from causing harassment and hardship in the form of petitions and complains bypassing the jurisdictional court where the matter is pending and is under consideration" ?
Please help. I am seeking this help because my lawyer is somewhat hesitant to file this application with the explanations like
a) restraint orders can not be given against a member of the family (except in DV act as applicable).
b) courts normally do not like this kind of petitions and may be treated as a negative tactics from my side.
c) judges are more lenient towards women and it is possible that she is genuinely concerned that I may run away with the child.
d) The judge may actually direct Passport Authority to impound my passport if my wife was able to cry and convince that there is strong reason for her belief.
e) She has every right to complain whereever she wants and nobody can question or restrain her fundamental right.
I am not convinced of his reasoning and I am fact finding in this forum regarding the above 5 points. Once I educate and equip myself better, I will definitely be able to convince him and I plan to submit this IA during the next hearing. Or can I do it sooner ?
