Legal Question in Family Law in India
_______-Pls need your advise urgently-------
Hi, I have lodged a 498a complaint against my husband, his sister and his parents 2 years ago.his sister was arrested and obtained bail from the indian court. In her bail petiiton , there is no such condition mentioned that she should not leave india.after obtaining the bail , she left US with out informing the indian court. As she is not coming to the court, the indian court issued nBW against her. the indian court also issued summons to the surities who gave surity to her.they told their inability to produce her in the court and paid the surity amount. my husband who is on work permit (H1B visa) has been living in US. indian court also issued nbw against my husband who live in US. as he and his sister is not coming to India to face the trail, the criminal proceedings and NBW's are pending against my husband and his sister since 2 years.his sister is also on work permit (H1b) visa.
As they are not coming to india, the magistrate directed passport officer to impound their passports. As the passport officer did not take action and did not impound their passports, I have filed a writ petition before the high court to direct the passport officer to impound the accused passports. the notice was sent to passport officer in the writ petition. the passport officer informed the court that he was taking steps to impound the passports. now the writ petition is pending in the high court. after few days, passport officer informed me through a letter dated 9-9-2009 stating that their passports were impounded. still my writ petition is pending in high court. it is not yet disposed.
on 19-oct-2009 , my husband and his siter filed separate writ petitions in the same high court(where my writ petiiton is pending) challeging the passport officer impounding order. they requested the high court to cancel the passport officer impounding order. they both filed writ petiitons through GPA. my husband mentioned in his writ petition that passport officer did not intimate about his passport impounding order.with out informing him , the passport officer ,impounded his passport. his sister mentioned in her petiiton that she is residing in USA and passport officer informed about her passport impounding order to her indian address. so she requested the high court to cancel the impound order. the high gave interium order as they both requested and issued notices in their writ petiitons to passport officer.
my husband and his sister both obtained passports from hyderabd passport office.they have given indian addresses while obtaining the passports. indian addresses are mentioned in their passports.they both gave same address to passport office while obtaining the passports.
my writ petition and their writ petitions are all pending now in the high court. as they are already obtained interium order , they will ignore the writ petiiton and it will be pending for ever (they will manage like that). already the passport officer order was canceled , their passports are not under impounded status.thats what they need.
what should I do now to impound their passports. the criminal proceedings and NBW's are pending against them since 2 years. how should I proceed now.
kindly advise me in this situvation. thanks in advance.
1 Answer from Attorneys
You can implead yourself as a party in their Writ Petition and state all the facts and that there is already High Court Order which has ordered impounding of passports.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
