More details to earlier question:
I live in australia. My wife has filed 498A against me in India. The indian court issued NBW against me. As I am evading appearnace in criminal proceedings and NBW is pending against me since 2 years, The passport officer, chennai has impounded my passport under the directions given by high court of chennai(my wife filed for direction to passport officer to impound my passport).
------------- you guys said :you do not need to take any risk and immediately hire a lawyer who would move an application for cancellation of Non Bailable Warrants issued against you and ralso seek anticipatory bail and also move an application for release of your passport as the offence u/s 498a is not so grave that your right to life and liberty is curtailed to this extent. you may send in all the details and the help can be extended till chennai and needfuly can be done without much hassles : "----------------------
Before impounding my passport itself, I already applied for anticipatory bail in chennai high court. It got dismissed. when my friend approached interpol, interpol told us they have stopped issueing red corner notices in 498A cases (we got the written reply from interpol).So I ahve stooped coming to India. then passport office chennai impounded my passport.
mean while I am planning to move USA. So I got doubt. Can I travel to USA/India when my passport is under impounded status?
In this case, What happens , If i ignore the passport impounding?.
Kindly guide me. Thanks in advance
4 Answers from Attorneys
If you will ignore the passport impounding then it will not be possible for you travel in USA/India.
Usually husband would get the bail from High court easily but there must be any solid ground for rejection like recovery etc.
you may send the copy of 498A and copy of rejection from chennai high court.
After going through all the fact, i can ensure you that our experts in Supreme court can get the bail for you or not.
If you will not get the anticipatory bail then u have to surrender before court and then it is upto court when he will release u on bail.
So dont waste and be ignorent, you dont have any other option
i.e either Supreme court
or arrest and then regular bail.
You were wrongly advised that : "offence u/s 498a is not so grave that your right to life and liberty is curtailed to this extent."
It may not be legal for you to travel on a document which has already been impounded. Your remedies possibly are :
(a) Appear before the trial court, surrender yourself and seek regular bail.
(b) Seek court's permission for travel abroad and then apply to the Passport authorities for a fresh passport.
Evading arrest may not be a good solution. you should better consider an amicable out of court settlement with your wife and avoid litigation.
Are you still Indian citizen? If yes, you cannot travel to USA from Australia. ( In what manner your passport was impounded?)
If still an Indian citizen, You may petition the High Court /Supreme Court about the fact that since you are in Australia, and your passport is impounded, You may be permitted to travel to India without a passport in order to surrender before the Magistrate.
You may Appear before the Magistrate who issued NBW after travel to Chennai. India
Also since you are an Indian citizen you can travel back to India and surrender before Magistrate.You should have surrendered when your anticipatory bail got dismissed and sought regular bail. Anyway, Since you are employed / resident of Australia, You can say that your work prevented you from appearing.
ALL THE ABOVE STEPS ARE MERELY CASUAL OBSERVATION AND:
Please courier/ email all the details of your case beginning with your wife complaint and other steps she had taken and your steps. This is critical because the exact content of your wife complaint, your anticipatory bail application and its rejection and your wife petition for impounding of passport and order in that case, will have to be studied thoroughly to advice you completely for actual steps to be taken./
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the impounding of passport for the offence u/s 498a is illegal and the attorney is not aware that 498a is not recognized in other countries as the the term "dowry" is alient to them. at the most a complaint under domestic violence act can be recognized in other countries as DV is a universal offence.
you cannot travel to india or US while your passport is impounded and DO NOT COMMIT THIS BLUNDER OF SURRENDERING BEFORE THE COURT AS ILL ADVISED.
it is better you move anticipatory bail before the sessions judge only and in case he dismisses the same, appeal can again be filed before the HC and even after high court you have an option to move SC unless there are serious allegation is in the FIR.
better hire an attorney and secure your right to life and personal liberty.