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Can my English (foreign) Passport be bounded by Indian Court?


08-Jul-2023 (In Divorce Law)
I am NRI from England. and my wife is still indian national. We are in the divorce process in India. Can Indian court / police bound my english (foreign) passport during the divorce process. If yes, then does england embassy have rights to get my passport back so that i can come back to england to live normally while divorce process goes on in India ?
Answers (5)

Answer #1
631 votes
In Suresh Nanda Vs. C.B.I. the Supreme Court observed that even a Court cannot impound a passport despite the enabling provision in Section 104 of the Criminal Procedure Code. However, the Passport Authority of India will not impound an NRI's passport on a mere complaint under section 498A. However, it can impound the passport under following circumstances: - If the Police have filed a charge sheet before the Criminal Court and the NRI is purposefully avoiding making an appearance before the Court so to convince the Court that he is trying to evade the judicial proceedings; or - an Indian court has convicted the NRI.
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Advocate Kunal Seth

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Answer #2
747 votes
No the Family Court cannot seize your passport. 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.
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Advocate Anubhav Kathuria

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Answer #3
751 votes
best is when u want to travel back just take court permission in this regard..... by doing so nothing will be impounded and u can go and come back also...or give some undertaking to effect and you are going abroad for some work related commitment etc and you can also try to contest your case through poa.... in short keep court in picture
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Advocate Rohit Manan

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Answer #4
703 votes
No there is no such rule that your passport will be taken during proceedings .But if u r not giving maintenance in her execution of maintenance case then such thing can happen if u r not paying regularly to her otherwise no point of taking of ur passport without any valid reason
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Advocate Anupama Sharma

Adv. Anupama Sharma

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Answer #5
855 votes
We need more facts on your case that whether your divorce is mutual or contested, secondly if it is a mutual divorce then Indian courts will not compound your passport because that is happening on mutual ground… if it is a contested divorce and your wife has filed the petition against you, in that situation Court may compound your passport depending on situation and court may also say that you cannot leave the country without court’s permission …thank you n b in touch
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Advocate D. Khan

Adv. D. Khan

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