SOURCE - https://news.in.msn.com/national/article.aspx?cp-documentid=5181925
Going abroad is fundamental right of every citizen: Court
New Delhi, May 29 (PTI)
The attempt of a woman, embroiled in a legal battle with her estranged husband and his family, to stop her NRI sister-in-law from going offshore for vacation was thwarted by a Delhi court which said every citizen has a "fundamental right to go abroad".
"All Indian citizens have a fundamental right to go abroad. Undoubtedly, the said rights to an Indian citizen to go abroad can be restricted by imposing certain reasonable conditions," Additional Sessions Judge Raj Kumar Chauhan said.
The direction came on a petition filed by Pooja Walia challenging the order of a magistrate permitting her sister-in-law Rashmi Raikhy, with whom she is embroiled in court case, to go abroad.
"I am of the considered opinion that there is no illegality and impropriety in the order (giving permission to go abroad) passed by the trial court which may need interference by this court," the judge said.
Pooja, a resident of Gurgaon, had lodged a criminal case against her husband and in-laws, including Rashmi, a teacher, alleging harassment and cruelty by them. The trial in the case is still pending.
She alleged that Rashmi, an NRI, who holds a English passport, was wrongly granted the permission as she may not come back to face the ongoing trial.
"There is every likelihood that she may not return to India," she said, adding that Rashmi was a UK citizen.
The magisterial court has already imposed restrictions on Rashmi to ensure her presence before it on her return, Chauhan said, rejecting the Pooja's plea.
