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Can passport be impounded based on MEA instruction
14-Feb-2023 (In Criminal Law)
Seizure Memo states LOC(Impounding of Passport ), on approaching RPO we responded to the letter served to our previous house address that states reason being 10(3)C of Passport Act. I am remarried after divorce and so is my Ex wife . The 498 A case was decided by the lower court in my favor and no criminal complaint stands pending . However an Ex party order from family court to settle last part of maintenance dues was raised from Nainital Family court in July'16, I have paid all dues and case is now put on revision for rest of civil matters. I doubt that my Ex father in law who is a retired Maj. General in army out of vengeance has filed this complaint by showing old Ex Party order and putting his past position filed complaint about me in person .
Well the right section is 10 (3) (e)
Section 10 (3) (e) reads
"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".
If there are no criminal matters pending then you may challenge impounding by way of filing a writ in the nature of Mandamus before the Hon'ble High Court of Delhi
Section 10 (3) (e) reads
"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".
If there are no criminal matters pending then you may challenge impounding by way of filing a writ in the nature of Mandamus before the Hon'ble High Court of Delhi
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Adv. Urfee Haider
Delhi | 200+ Answers
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It can be done. The prerogative to passport approval/denial rests with MEA only. For any relief you need to approach the competent authority in MEA or court's intervention. For the accurate advice in relation to the divorce matter and the passport impounding, you need to meet with documents;
1. The Divorce Decree.
2. The marriage proof of ex-wife and your's.
3. Case status and details of the revision in the court.
4. The details regarding the relationship with the ex's family.
1. The Divorce Decree.
2. The marriage proof of ex-wife and your's.
3. Case status and details of the revision in the court.
4. The details regarding the relationship with the ex's family.
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Adv. Ramaditya Tiwari
Delhi | 100+ Answers
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Your passport cannot be seized but if the other party proves or shows that you will fly out of india or you will evade the process of law and intentionally fly out of india to save yourself from the possible punishment you could get from court, then in that case court can order for ur passport seizure.
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Adv. Akshay Kumar Verma
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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