Manjit Singh (NA) 02 June 2009

Passport and documents with wife

My wife took all my documents, including passport, check books, educational certificates, etc. when she left me about 45 days back and has filed a DV case against me in Delhi on 21.05.2009. There has been no hearing till date and on the first appearance date (28.05.2009) I have been given about one month (next date is 27.06.2009) to engage a counsel, no interim orders have been passed and no comment was made about the documents by either her counsel or the judge.

She has prayed to the court in her petition (to save herself) that she brought the documents inadvertently and the court may take them on record to prevent the respondent from traveling.

My question is: what is the probability that the documents are still with her? Can the court accept documents such as passport of the respondent without a hearing?

thanks.

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2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 02 June 2009

Evnthough court accepts the doucments u can get it released showing a good ground. taking all the doucments her intention is to make you that you should not go out side the country.

Guest (Guest) 02 June 2009

Neither your wife nor the court in the proceedings under domestic violence Act has got a right to keep the most vital documents of yours,i.e., pass port and cheque book. You move an application to the court and get your documents in the presence of the court. Mind, even the court does not have the power to keep them under this Act.

You move application and get them on the next date.