Legal Question in Criminal Law in India

passport impound
I work abroad in work permit.My wife jined me in UK and went back to indiua and then lodged 498a against me.In the FIR she has mentioned that i comitted crulety against her in UK and none oh the incident occured in india.So basically indian court has no jurisdiction.

To harass me she has impounded my passport.Its difficult for me to go to india at this moment.So is it possible that i can hire an attorney and he can appeal court against my passport impound?Or as my passport impounded so first i have to surrender in court and then my lawyer can request court to return my passport?

Asked on 4/22/09, 11:46 pm

4 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

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Re: passport impound

Pl contact a local Sr criminal lawyer from india. If you are an indian citizen then the court in india can have jurisdiction even if you committ a crime in india or elsewhere. Moreover we have extradition treaty with USA.

Answered on 4/23/09, 1:50 am

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Shrichand Nahar S.V.Nahar, Advocate

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Re: passport impound

You can approach higher court.

Answered on 4/23/09, 2:08 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: passport impound

The presumption that courts in India have no jurisdiction seems to be misplaced.

She cannot "impound" a passport; it is only within the power of the authorities.

Yes, you may challenge an order of passport impounding, through your lawyer, without being physically present in court.

However, the court has impounded your passport, then you may be required to first 'surrender' and then seek return of passport as also permission to go abroad.

Answered on 4/23/09, 4:59 am

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