Legal Question in Family Law in India

Hi,

I live in australia. My wife has filed 498A against me in India. The indian court issued NBW against me. As I am evading appearnace in criminal proceedings and NBW is pending against me since 2 years, The passport officer, chennai has impounded my passport under the directions given by high court of chennai(my wife filed for direction to passport officer to impound my passport). I have a question, if my passport is impounded, can I travel to India? what happens if I keep quiet as if I do not know that my passport was impounded. Pls let me know. Thanks in advance.


Asked on 9/21/09, 9:31 am

4 Answers from Attorneys

Prof.Somnath Mukherjee s.mukherjee associates,09874053359

Don't play game with the court. Please come and surrender

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Answered on 9/21/09, 11:20 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

you do not need to take any risk and immediately hire a lawyer who would move an application for cancellation of Non Bailable Warrants issued against you and ralso seek anticipatory bail and also move an application for release of your passport as the offence u/s 498a is not so grave that your right to life and liberty is curtailed to this extent. you may send in all the details and the help can be extended till chennai and needfuly can be done without much hassles. you just need to send a power of attorney duly notarized by either the notary public in australia or the indian consulate there.

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Answered on 9/21/09, 12:41 pm

My friend gupta is right, you can first get Anticipatory bail and file case to get your passport and to remove the NBW. I have my branch in Chennai also and will definitely help u and do ur work. U have to send Vakalnama attested by ambessay in austrialai.

Regards

[email protected]

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Answered on 9/21/09, 2:10 pm
Seshadri Srinivasan www.lawconcern.com

Are you still Indian citizen? If yes, you cannot travel to USA from Australia. ( In what manner your passport was impounded by Passport Officer, Chennai?)

If still an Indian citizen, You may petition the High Court /Supreme Court about the fact that since you are in Australia, and your passport is impounded, You may be permitted to travel to India without a passport in order to surrender before the Magistrate.

You may Appear before the Magistrate who issued NBW after travel to Chennai. India

Also since you are an Indian citizen you can travel back to India and surrender before Magistrate.You should have surrendered when your anticipatory bail got dismissed and sought regular bail. Anyway, Since you are employed / resident of Australia, You can say that your work prevented you from appearing.

ALL THE ABOVE STEPS ARE MERELY CASUAL OBSERVATION AND:

Please courier/ email all the details of your case beginning with your wife complaint and other steps she had taken and your steps. This is critical because the exact content of your wife complaint, your anticipatory bail application and its rejection and your wife petition for impounding of passport and order in that case, will have to be studied thoroughly to advice you completely for actual steps to be taken./

regards

S.Seshadri

Chennai Office: 98403 20808 /28515229

emails: [email protected]

[email protected]

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Answered on 9/21/09, 8:49 pm


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