Legal Question in Family Law in India
Hi, I am an advocate from hyderabad and new to deal the passport impounding matters.
one of my clients got a new passport as a sequel to his old passport few months ago. his old passport was impounded by passport authorities recently. but his new passport was not impounded.
I have filed writ in high court in oct 2009 as per article 226, 227 challenging the impounding order of the passport authorities. now it is pending.
The other party/ one of the respondents ( not passport authorities) have filed a writ in the same high court seeking a direction to passport authorities to impound my client passport in august 2009. high court served notices to passport authorities. based on this, passport authorities impounded my client old passport.
Now the other party filed a misc petition in their writ seeking for a direction to impound my clients new passport.
I have a question here.
1) as per passport act section 11, the aggrieved person with the impounding order can appeal to passport authorities. but my client did not appeal to passport authorities. after one and half month of impounding her passport, she filed a writ petition. now judge asked me why my client has not appealed to passport authorities? is it mandatory to appeal to the passport authorities?
2) when my client writ petiiton (reg old passport impounding order) is pending in the high court, is the other party allowed to file a misc petiiton in their writ seeking direction to impound my clients new passport?
3) how to defend my client in this scenario?
pls advise me.
thanks in advance
2 Answers from Attorneys
You have to take the stand that as the passport was impounded due to a court order the appeal remedy is not efficient.
You should consult a senior colleague at the local Bar. However, my advice is :
(1) The High Court may dismiss your petition on the ground of "availability of alternative remedy" of statutory appeal. Therefore, you may now seek permission of the High Court to withdraw your writ petition and file an Appeal.
(2) Yes, the other party could file a Misc Application.
(3) as above.
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