Legal Question in Family Law in India
Hello, I have separated from my husband an year ago, but not yet filed for divorced. I was settled with him abroad but came back to India. I did not go back as I decided to part ways owing to a difficult life with him even after 6 years of marriage.
Last year, as I decided to part ways, he forced me to give him my passport. He said he needs to carry it with him to cancel my dependent visa and return it to me in 2 days, as he was leaving abroad the next day. I did not want to give but ended up giving in frustration and also out of trust that he will return. But it's now an year, and when I chase up, he says i have his home address on my passport, and he finds that as a threat. So, wants me to reapply for a new passport. But I refused saying that I wanted my passport back and that I am not going to reapply when I already have one in place.
At times, he says that he will return the passport when I come to sign the divorce docs. But my point is that my passport has to be with me at all times unless otherwise taken for reasonable purpose. But in my case, it was a forced hand-over and not a willful act. He says he has consulted his lawyer and has been told to keep my passport with him.
Isn't this a wrong act from his side legally? What am I to do? Not sure which lawyer told him to keep my passport.
1 Answer from Attorneys
He cannot keep your passport as it is your personal property. You may consult a lawyer of your area and send a legal notice to return the passport.
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