Legal Question in Family Law in India
Hi,
we are from chennai.
My sister got married in India as per hindu marriage act in 2007. she and her husband both are Indain citizens.
After their marriage they both went to USA on job visa. my sister husband has been working in USA. as he and his parents harrased my sister, she came to India and lodged 498-A complaint
in India. Now the case is pending in Indain court. as her husband has been living in USA and not coming to India, the criminal proceedings and Non bailable warrents are pending against him from the past 2 years.
my sister husband obtained passport in the year 2000 from passport office , chennai. at that time he has provided his perminant address to passport office. passport office does not know his USA address.
As he is evading appearance in Indain court, The Magistrate directed the passport Officer to impound my sister's husband's passport.
the passport officer impounded his passport in september 2009. my sister husband approached the High court of Chennai challenging the passport impounding order by a writ petition.
In writ petition he mentioned that passport officer did not send show cause notice before impounding his passport. the high court granted interim stay on impounding order.
But the passport Officer filed his reply to high court saying that passport officer sent show cause notice to his Indian perminant address which is mentioned in his passport. but it was unserved saying that person was not living at that address.
In this case, I have few questions.I kindly request you to let me know.
1) as the passport officer sent show cause notice to the address which is available in the passport. as the person is not living at that address, it was returned to passport office.
is it considered as a deemed service?
2) if the show cause notice is unserved, does the passport officer has power to impound the passport?
3) the passport officer sent show cause notice to all known addresses of the person. as the person is not living at those addresses , the show cause notice was returned to passport office. in this situvation, how the passport officer impound that person passport? is there any way to impound his passport?
It would be very helpful to me. thanks in advance.
regards, srinivas
3 Answers from Attorneys
Dear Srinivas,
1) it is valid service of notice but if they know that person is out of country then it is pesurmed that notice should be sent on that address also.
2) yes he has power to impound
3) they have wide power, so you dont worry.
Further ask the court to declare him PO and then red corner application will help you.
Regards
The passport appears to have been validly impounded.
the passport cannot be impounded without giving an opportunity to the passport holder to be heard. in case his address is not traceable, the passport officer may, with the permission of the court, issue a publication calling upon the defaulter to appear before him at such n such date and non appearance may result in impounding of the passport.
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