Legal Question in Family Law in India

I lodged a 498-a complaint on my husband &his;family.my husband live in USA.he is not coming to india to face trail.the criminal proceedings and non bailable warrent are pending since 2 years in indian court against my husband. So i filed writ petition in high court to give direction for execution of NBW and to issue red corner notice against my husband.In this writ petition, the respondents are 1)sub inspector of police,guntur police station2)super intendent of police,guntur dist3)DGP, hyderabad, A.P.4) DGP, CBCID, Andhra pradesh. the respondents said they sent file/papres to interpol,CBI, new delhi to issue red corner notice against my husband.therefore Writ Petition is closed with the direction to the respondents-Police Officers to continue their efforts, till the presence of accused. \nThe hon\'ble magistrate sent requisation to passport officer to impound passport of my husband.but the passport officer did not impound the passport. I even sent requisation to passport officer to impound the passport based on the criminal proceedings pending against him(passport act sec 10).but I have not received any reply from him. I filed for RTI application to passport office.they denied my application. in this case, can i file another writ petition in high court to direct the passport officer to impound the passport of my husband? (pls keep it in view that earlier writ is diposed). DOes the high court admit my writ (it will consider my earlier writ .in my earlier writ ,i have not asked for direction for impounding passport).pls suggest me .How can I file writ petition for direction to impound my passport.( in feb 2009 , the andhra high court gave direction to passport officer to impound passport in another person 498-a case)\ndo the high court admit my new writ for direction to passport officer? pls suggest me how to file it.

Asked on 7/31/09, 12:43 pm

4 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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the writ petition filed by you earlier was not filed seeking directions to impound his passport so considering this fact, you are at liberty to file another writ petition praying for directions to passport authorities to impound the passport. you can also implead MEA as a party in your writ petition along with passport authority.k,

Answered on 7/31/09, 1:20 pm

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Vishwa Arya Arya & Co.

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I agree with Mr Rajiv Gupta. It is a new cause of action. You may this time restrict your prayer to impounding of PP of your husband.\n

Answered on 7/31/09, 1:46 pm

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KAMAL GROVER

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You can file the writ with this ground to impound the passport.

There is one other way, i.e direction has already been made to the police for the efforts to produce your husband, therefore write a registered letter to the police to impound his passport in lieu of high court order in the name of efforts to produce your husband and i think it will be done by police itself. even then if police did not act then only file fresh case and also made state as party along with your registered letter.

Your criminal case will be quashed immediately though High Court.

For More detail, Mail your detail to the undersigned;

Mr. Kamal Grover, Advocate (Chandigarh, India)

M: 09814110005

e-mail: [email protected]

Note: We are group of advocates, experts in different fields of law in Supreme Court, All High Courts and few district courts of India and your case will be handled by our experts in your locality.

Regards and good luck

Answered on 7/31/09, 11:01 pm

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