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Frivolous and false FIR and travel restrictions for a NRI


19-Feb-2023 (In Divorce Law)

One of my cousins who is newly married is now embroiled in a matrimonial dispute. His wife, an unscrupulous woman has filed a bogus and frivolous FIR with heinous charges of dowry, illegal termination of pregnancy etc and restricted my cousin return travel to Singapore where he is employed. He is unable to join his organization even after a lapse of 30 days as he had to surrender his passport. The girl is indulging in dilatory tactics to delay mediation as she does not intend to go back to Singapore . How can he get the travel restrictions removed and rejoin work ?

Answers (3)

Answer #1
865 votes
This is In deed a tricky situation and your friend should file a writ of Habeas Corpus in the High Court and should mention the fact that his right under Article 21 is being affected and site the case of Maneka Gandhi Vs Union of India AIR 1978. Or else his passport will not be released till the time enquiry / case is completed.
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Advocate Atulay Nehra

Adv. Atulay Nehra

LawRato Noida | 25+ Answers
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Answer #2
661 votes
No issue just file an application before concerned Court asking travel relief subject to the conditions that you would be duty bound to present yourself as and when Court asks. If Court decline your application then instantly approach to the higher Court.
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Advocate Chandra Shekhar Seth

Adv. Chandra Shekhar Seth

LawRatoVaranasi / Banaras | 25+ Answers
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Answer #3
988 votes
Hello Mam, If you have evidence that the allegations levelled against your cousin are false then you can on one hand file a Petition under Section 482 of Cr.P.C/ Article 226 of the Constitution before the Hon'ble High Court for quashing the entire proceeding arising out of the FIR and further you can prefer an Application under Section 340 of Cr.P.C against the lady for levelling false and frivolous FIR in the court where the matter is pending. However it is advisable to proceed under the above mentioned section only if you have some substantial evidence in your hand.
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Advocate Rohit Kumar Singh

Adv. Rohit Kumar Singh

LawRatoDelhi | 5+ Answers
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