Legal Question in Criminal Law in India
Hi sir, I have filed a FIR under sec 498 A, 506, 406 against my Husband.and his family. He has got Conditional AB for 4 weeks from 7th sep 2009. He has to sign in Respective station daily in the evening.His passport was in station and its now under the subcourt. he is trying to take his passport back using some procedures. Is there any law / procedure to take his passport back. All cases are pending in court. He has to appear on 8 th oct For DVA in chennai subcourt,but he is leaving on oct 7 -2009.the dept is helping him.how do i oppose to not to return his passport as case is pending
3 Answers from Attorneys
File a petition before Subcourt asking them not to release the passport until chargesheet is filed.
matrimonial offences are not that serious in nature that the husband would be restrained from going abroad. however, the release of passport would be conditional that he would have to appear on the hearings in person or thorugh counsel.
In a pending case, it is better to follow advice of your counsel.
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