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Can court seize the passport if a divorce case is filed against holder
19-Nov-2023 (In Family Law)
Hi, My husband has an affair with a foreigner and his plans are to run away with her and get settled in another country by marrying this girl. I have already filed a case in court and asked them to seize the passport but court has asked me to provide the details as to under which section of law does court has authority to seize the passport. This case is filed in Maharashtra. My brothers friend is handeling this case as I can't afford to spend on lawyer. and he is not family lawyer nor does he know about it. Could someone please provide me with the details. Thank you so much for the advice.
Dear Querist,
No the Family Court cannot seize the Passport of your Husband. Please note seizing and impounding passport are two different things, what you are quering relates to Courts power to impound a document. We do have a Passport Act which is a Special Act and as per Section 10 (3) of this Act only the Passport Authority can impound the Passport and not the Courts. At best the Police as per Section 102 of CrPC have power to seize the Passport but only in case of criminal charges against a person and under certain circumstances only. Unneccessarily seizing passport would amount to restricting of fundamental rights of such person and such seizure or impounding of passport would mandate pressing circumstances.
Have your filed for Restitution of Conjugal Rights or Divorce ? Please note if you have filed a petition for Divorce and if your Husband does not appear for the hearing repeatedly it would compel the Court to pass an exparte decree.
No the Family Court cannot seize the Passport of your Husband. Please note seizing and impounding passport are two different things, what you are quering relates to Courts power to impound a document. We do have a Passport Act which is a Special Act and as per Section 10 (3) of this Act only the Passport Authority can impound the Passport and not the Courts. At best the Police as per Section 102 of CrPC have power to seize the Passport but only in case of criminal charges against a person and under certain circumstances only. Unneccessarily seizing passport would amount to restricting of fundamental rights of such person and such seizure or impounding of passport would mandate pressing circumstances.
Have your filed for Restitution of Conjugal Rights or Divorce ? Please note if you have filed a petition for Divorce and if your Husband does not appear for the hearing repeatedly it would compel the Court to pass an exparte decree.
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Adv. Abhiraaj Sanjeev Kulkarni
Pune | 25+ Answers
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Hi,
there's no authority for the courts to seize the passport of a citizen until and unless there's criminal charges against a person, but this power to seize the passport lies with the passport authority only and not with the courts.
there's no authority for the courts to seize the passport of a citizen until and unless there's criminal charges against a person, but this power to seize the passport lies with the passport authority only and not with the courts.
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Adv. Priyanka Matlane
Pune | 25+ Answers
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