Is impounding passport so easy ?

1. What Passport Authorities have done is that they are following "civil consequence" before passing Order on "impounding" i.e. giving you opportunity to be heard.

2. Court cannot "impound" passport even under S. 104 CrPC.

3. Even if police has "seized" Passport wide power under S. 102 CrPC then thereafter the police must send it along with a letter to the Passport Authority clearly stating that the seized passport deserves to be "impounded" for one of the reasons mentioned in S. 10 (3) of the Passport Act. Since impounding of a passport has civil consequences, the passport authority must give an opportunity of hearing to the person concerned before impounding his passport. Ref.: State of Orissa Vs. Binap ani Dei [AIR 1967 SC 1269]

4. You should take along with you the Child Jurisdiction True Copy details. Her GWA petition and True Copy of your GWA petition for clarifying the 'root" of malice read with malafide intention the complainant approached Passport Authorities directly "by passing" Jurisdiction of a competent Court and or even her Jurisdiction Police Station to lodge such "formal protest" read with "impounding" frivilous plea ! I am not sure if you can do / say so much based on my experience handling your past replies.  
 

5. The complete Bare Act applicable in your facts are clearly mentioned in S. 10 (3) Indian Passport Act and reproduced for clarity as;

“10. Variation, impounding and revocation of passports and

travel documents

(1) The passport authority may, having regard to the provisions of sub-section (1) of section 6 or any notification under section 19, vary or cancel the endorsements on a passport or travel document or may, with the previous approval of the Central Government, vary or cancel the conditions (other than the prescribed conditions) subject to which a passport or travel document has been issued and may, for that purpose, require the holder of a passport or a travel document, by notice in writing, to deliver up the passport or travel document to it within such time as may be specified in the notice and the holder shall comply with such notice.
(2) The passport authority may, on the application of the holder of a passport or a travel document, and with the previous approval of the Central Government also vary or cancel the conditions (other than the prescribed conditions) of the passport or travel document.

(3) The passport authority may impounder cause to be impounded or revoke a passport or travel document,-

(a) if the passport authority is satisfied that the holder of the passport or travel document is in wrongful possession thereof;

(b) if the passport or travel document was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the passport or travel document or any other person on his behalf;

[Provided that if the holder of such passport obtains another passport the passport authority shall also impound or cause to be impounded or revoke such other passport]

(c) if the passport authority deems it necessary so to do in the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public;
(d) if the holder of the passport or travel document has at any time after the issue of the passport or travel document, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;

(e) if proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before a criminal court in India.

(f) if any of the conditions of the passport or travel document has been

contravened;

(g) if the holder of the passport or travel document has failed to comply with a notice under sub-section (1) requiring him to deliver up the same;

(h) if it is brought to the notice of the passport authority that a warrant or summons for the appearance, or a warrant for the arrest, of the holder of the passport or travel document has been issued by a court under any law for the time being in force or if an order prohibiting the departure from India of the holder of the passport or other travel document has been made by any such court and the passport authority is satisfied that a warrantor summons has been so issued or an order has been so made.
XXX.”

TajobsIndia, thank you so much for the useful information.   I understood that the Passport authority has the power to impound the passport, and that they are giving me an opportunity to be heard.  However, what I do not understand is how they can act on a complaint by a party to a civil suit and come to a conclusion that the passport needs to be impounded ?  Also why the passport authority does not understand "bypassing" of a jurisdictional court, when the proceedings are pending before the court ?    The "root" of malice will definitely be presented to them, if they give me enough opportunity - and if they really care to understand so much!

I was reading 10.3(h) with scare as the wordings mere "summons for appearnce" can attract impouding of a passport ?

S. 10 (3) H of The Act is not applicable in your case at all. Both parents respective GWA case are under Civil Jurisdiction and Notice for Appearance of respective Respondent(s) are neither Summon nor Warrant Order.

Related question:  Can I approach the court and pray for restraining orders against such harassment bypassing the jurisdictional court in the form of an IA ?

 Is it also a  contempt of court to bypass the court (as the proceedings are pending) to approach another authority and make false and frivolous complaints ?  Kindly advise!

@TajobsIndia:  You have also recommended lodging a formal complaint in the juridictional police station.  How effective is this against such harassments and threats ?

Any updates on this