Ishaque (hhhhh) 13 April 2012

Passport impounding under 10(3)b

Hi All,

I divorced my wife and on that she filed 4 casese against me including 498a. She also managed to influence dubai consulate and framed me under 10(3)b saying i m not attending courts dates and passport will be impounded. I reponded that its matrimonial case and i m not criminal and even court has not ordered any impoundment.twice it has happened now consulate has come-up with another issue when i renewed my passport in 2005 i never mentioned that cases are going against me. for which i responded any matrimonial cases never last longer and therefore i never mentioned during renewal. they said to submit passport which i refused and since 7 months i have not heard any news from consulate for what action they may take. We both parties come to compromise/settlement and mediation report is already sent to dubai consulate which i recieved acknowledgement from consulate. Today i went to get the legal documents attestation and they kept my passport and said you need to visit next week to dubai consulate. I have given them all the explanation and rather than helping me attesting the legal documents they kept me hanging.

I would like to know what actions they may take now since the cases are at withdrawal and compromise document already submitted to dubai office. Since passport is already with them what are the actions expected. I need desperately those documents attested since those has to be submitted in court proceeding. Documents like power of attorney and deed to talaknama.

Do consulate has power to impound passport and for how long?. What next step should i take?

Please advice..

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10 Replies

**Victim** (job) 13 April 2012

Yes consulate has power to impound ur passport as long as you have reconciliation documents they will verify ur details & release ur passport. Pls note ur wife might have approached Ministry Of Home Affairs and they are the one who would ask consulate to impound ur passport

Good Human (consultant) 15 April 2012

They have to attest the documents as they have to be sent to the court.Regarding Passport ,you will have to give an explanation to the consul(PPT) and follow up .

If you dont get soon, file a case against them for impounding your passport.Consult a lawyer in dubai also.

Ishaque (hhhhh) 17 April 2012

Experts, thank you for your advice I have some relief now. BLESS YOU BOTH...

Ishaque (hhhhh) 23 April 2012

I have submitted the explanation to them, can they deport me? what at the most consulate can take action?

Terminator (Analyst) 23 April 2012

You can approach the court and explain the details. The court can grant you relief and instruct the MEA to release ur passport.

File a petition in the cour thru ur counsel in India.

Ishaque (hhhhh) 23 April 2012

But i m in Dubai, how can i file in India?

Terminator (Analyst) 23 April 2012

Hire an advocate to file a petition. If you already have an advocate, give him vakalatnama and ask him to approach High Court with MoU between u & ur wife. HC may order MEA to release the passport. Which state do you belong to ?

Ishaque (hhhhh) 30 April 2012

Thanks for assistance I manage to get my passport by from consulate since the compromise is in progress. i would like to know since the different cases files against me including 498a and compromise is done. I have to pay certain amount and she is ready to take cases back. In any case do i need to present myself in high court. They say for quashing all the cases i need to present myself. Is this required or i can manage this sitting in dubai. Going back in such a situation my may held-up for quite sometime and loose my job.

What do you advice my father already has POA. I dont want to go India for time being.

Terminator (Analyst) 30 April 2012

Best way is get all the cases referred to Lok Adalath. You can ask your wife to attend the Lok Adalath and they will take care of closing all the cases. This way, you will not run around different courts wasting time. Most important point is that the agreement will be binding if it is executed in Lok Adalath.

Ishaque (hhhhh) 01 May 2012

Thanks Terminator, lok adalat means, there is different bench sitting for mediation, and my compromise is in mediation court, and jugde has already given us mediation report and compromise is final. If i m not mistaken you are referring to mediation court. My advocate says that all cases will be quashed by high court, so we need to go high court for clearance.

Please advice.