Passport in wifes custody

Wife is running 498a and DVC in local courts. And apparently before the case she took husbands passport in her custody for not to proceed further to 498a but she cheated. There is no written document nor any evidence in any form that she is holding the passport, except agreeing that it is with her in recent whatsapp chat. In this situation, how can the husband ask in 498a or DVC , if yes under what section or procedure to follow. If no what is the solution please ?