Legal Question in Personal Injury in India

I have applied for the Portuguese passport, and already had my Indian passport, but for that I need my father's Indian passport only for my Portuguese passport making process and not for travelling for him outside India.

He is 60 years now and a retired govt servant, but the problem created that due to some simple road accident his case is pending in court.

I need his passport only for my purpose

So please suggest me, will greatly thank full to you

Asked on 2/21/16, 5:12 am

1 Answer from Attorneys

Vivek Mapara Vivek N. Mapara

Dear Sir

As i understand, there is a Criminal Case pending against your father, pertaining to a Road Accident, and I believe pursuant to the Bail order passed by the Court, your Fathers Passport is surrendered / in custody of the Court, and you need that Passport for specific purpose.

The procedure is not complex. You have to make an Application before the Court, which granted Bail to your Father, and ordered surrendering of passport. The application would be for "Temporary Release of Passport / Change of Condition of Bail".

In that application before the Court you ahve to specifically pleased, the purpose for which you need the passport, and the duration till which you will require it. And have to provide an undertaking that your father shall not move out of the country without the permission of Court.

The court would consider the circumstances, and grant the release of passport for temporary purpose. When time period for such release is over, you have to surrender back to the Court.

If the Court declines, then you have to move a Revision before the Sessions Court, and if the Sessions Court also declines then you have to file Petition before the High Court. But most likely the Lower Court itself will modify the condition and grant temporary release.

I believe you have a lawyer who represents your father in accident case, so, you can ask him to make such application. If you have any question, then please feel free to contact me.

Best Regards

Vivek N Mapara

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Answered on 2/21/16, 10:56 am

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