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pt (swlf)     27 March 2014

Stop husband absconding and going abroad

Hello Sir, I am writing on behalf of my sister. She had trouble in her marriage and we filed 498 and sec. 125. He has not appeared in any of the dates of 125 maintenance and recently they have left their India address and now planning to flee out of India.

I came to know from internet that according to passport act section 10(3)(e) that:

The passport authority may impound or cause to be impounded or revoke a passport or travel document,-if proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before a criminal court in India;

I want to know how to use it to stop him from absconding. A letter along with Copy of 125 case sent to passport authority office OR Airports Authority will be accepted.

OR something else has to be done...please advice you experts 



 7 Replies

Sourav Das (Advocate Supreme Court of India)     27 March 2014

dear client,


immediately, ask the court to get his passport deposited before it, otherwise he may run away from India.

otherwise, file writ before high court for urgent relief.



Dr J C Vashista (Advocate)     27 March 2014

Dear pt,

Without disclosing your identity, I found you to be a legal professional isn't it?

When, how and where family of your sister's husband are planning to move? Or it is just a hypothetical situation? 

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     27 March 2014

125  is just money  claim and     498  not   serious to impound  passport.



nikhil singh (Advocate)     27 March 2014

Yes you may ask to the court to impound the passport, allthough they dont have the power to do so but they do. 

Reformist !!! (Other)     27 March 2014

Neither police, nor Courts have any power to impound the passport. There are n number of judgments on this. Although RPO can impound his passport, but nit without sufficient reason and MEA has also issued 1 passport gazette, so ur husband will surely won this case, if u file writ in HC or an application in LC.

T. Kalaiselvan, Advocate (Advocate)     28 March 2014

I fully agree with the opinion rendered by reformist on the subject issue, the offences under the provisions referred do not warrant any serious complication to extent of impounding the passport, if at all you feel it to be very serious, you may by an application to the court, seek its intervention to issue directions to immigrations department to restrict him from traveling abroad.

Biswanath Roy (Advocate)     06 April 2014

Sec.10(3)(e) of the Passport Act relates to a cognizable criminal offender who with the intent of avoiding cognizable criminal offence trying to fly outside the country.  To avail the benefit of this provision of law the applicant shall have to prove with evidence (1 ) That the person committed a cognizable criminal offense which is pending before a Magistrate for trial. (2) That the accused is attempting to to go out of this country with the intent of avoiding criminal proceeding and arrest by adducing direct or circumstantial evidence. AND no.(3) Unless the passport of the accused is impounded or revoked the petitioner face irreparable loss and injury that cannot be compensated by pecuniary damages.

Secondly, the law further states " The Passport Authority may impound or cause to be impounded or revoke a passport...." Here the word " may " significantly denotes that it is not compulsory but discretionary.  Under such a situation best remedy available is to obtain a direction of MANDAMUS upon the Passport Authority from the High Court.

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