LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

s..i..n..g..h.. (member)     21 December 2011

How to restrain wife from leaving the country

Two cases are pending in the court and wife obtains passport

one case of crpc 125 and other is sec 9 hm act

can i pray in both the court for either impounding of the passport till completion of trial or at least the court may order that the wife will not leave the country without permission from the court till completion of trial

suggest can i pray it in court ?

any section of CPC/CRPC under which i can pray this / Any ruling to support my cause



Learning

 2 Replies

Tajobsindia (Senior Partner )     22 December 2011

@ Author

No one in matrimonial cases of stated nature comes as barrier to Constitutional guaranteed FREEDOM of a person.


However U/s 10 Indian Passport Act if there is a criminal case pending then with reasoning placed by your side before concerned Court, impounding of passport may be argued. The Law favors weaker party i.e. wife ! Here we hear of just two civil cases in hand; one filed by you U/s. 9 HMA and the other filed by lady U/s 125 CrPC now remotely she has already show caused weaker gender status quo before Court.  Now think where Law will lean judiciously
J J J


Well remedy (i.e. taking
Lord Hanuman's leap in matrimonial cases) is always there in Law for vigilant oops to be now read as litigating (here and see the fun of such usage English as now meaning dramatically changes perceptively you know) litigant(s), hence, probably all that can be (i.e. as altrernate releif pressed for at this stage is speeding –up the process of the Courts and/or speeding trial proceedings in respective cases by drawing inference that once interim U/s 125 CrPC awarded (if any by concerned Court) the Applicant may delay coming to witness box to give her evidence and anyhow it is not in best interest of other spouse to linger – on adjudication on his Conjugal rights hence grant daily hearing now that she has a passport in hand and I heard from reliable sources that she is finalizing plans to leave the country by giving POA to service her cases!


BTW one can even seek written undertaking from her in days Order Sheet by directing  her to make a statement that she will not leave Jurisdiction of Court without leave of Court / make an express direction and would make available herself as and when required. Here her signature on left side of making of the statement made under days Order sheet is a must.

N.K.Assumi (Advocate)     31 December 2011

Tajobsindia, has given an excellent respond to the query. Her acts also shows animus deserendi.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register