Legal Question in Criminal Law in India
i have filed a criminal case 498 (A),494 against my husband, the cases are still pending, my husband is working in merchant navy,i came to know he is planning to settle in abroad,i have a seen year old daughter i want to cancel his passport.pls suggest
4 Answers from Attorneys
in case you want maintenance for you and your wife, it is important for him to work as he is in merchant navy. in case you want him to lose his job, you may move an application for impounding his passport. it is you who has to think of the pros and cons of such a punitive action as it may not be beneficial for you in the longer run.
file an application for impounding his passport
court will consider the need and will pass the order
first, merchant navy man has to go abroad because of his job. Going abroad is an essential part of his occupation. It is not that because of 498A, he is running away from the country. So, it may not be an easy task for any one to get an order restraining husband to go abroad. Settling abroad, as such, cannot be proved unless you have documents showing his request for change of address and new address is in foreign country. However, at the time of his bail, the court may put conditions requiring intimation of his travel plans, address abroad, address of the company or address where husband could be reached through company.
You just cant move an application for impounding of the passport like this . You must have some cogent reason to do so . What is your apprehension ? What is the status of your criminal complaint ? Has a FIR been filed against your husband ? Please clarify to get legal advice.
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