Last Updated on December 7, 2019 by Legalseva.net
Every year many young brides fall prey to the fancy of NRI grooms who allure them of foreign dreams and comforts of life that one could only get by going abroad leave apart the status symbol quotient. But not all that glitters is gold.
And this is what happens when realty meets the eye i.e. Desertion by NRI husbands. Many of them asks for money to settle the girl outside with her own money but after leaving the country, the whereabouts are not known and the girl is left with zero hopes of going abroad along with husband.
Also Read- CUSTODY OF A CHILD IN NRI CASES
What can a deserted NRI wife do in these circumstances, let’s hear it:
1 You can write to NRI Commission or NRI cell of your state. For the state of Punjab, the state commission for NRI’s is already constituted and one can view their website. Though you register your grievances online but is recommended to take help of a specialist NRI Lawyer who is well verse with procedures involved.
See Address- Punjab Civil Secretariat II, Chandigarh, India – 160009 .
Also Read- MATRIMONIAL ISSUES
You may also contact Punjab Police NRI Cell here where the list of NRI POs/Absconders is there along list of pending complaints. The website also mentions Guidance Booklet for Marriage to overseas Indians, Overseas marriages, for safe and Legal Migration. Also the website is having online complaint system for registration of complaints against NRI husbands.
One can also see Dos and Donts in NRI marriages, NRI marriage issues, NRI schemes,
Chandigarh also has special NRI Cell established at Deputy Commissioner’s Office , Sector 17, Chandigarh (Room No – 18) to handle various problems faced by the Indians abroad for quick redressal.
Also Read- MUTUAL CONSENT DIVORCE PROCEDURE FOR NRI’S
2 You can register FIR under sections 376 , 120 and 420 IPC. Look out Notice is then issued and non appearance will lead them to be declared as PO (Proclaimed Offender). Further, after PO, their identified properties can be attached.
3 If they are evading service or summons in any of the cases 498A, Maintenance, Dowry, Domestic Violence or Divorce, you can write to Regional Passport Officer for impounding of the passport.
Passports can be impounded under Section 10(3) H in the passports Act, 1967 if warrant of arrest is issued.
Police only have power to seize a passport under Section 102(1) of CrPC but does not have power to impound the same.
If in any case warrants have been issued to secure the presence of NRI in court case and there is a prohibition for him to travel outside country then one must quickly write to regional passport office for impounding of passport.
Also Read- COMPLAINT AGAINST NRI HUSBANDS
Section 10(3) of The Passport Act, 1967 mentions the conditions that may lead to impounding of passports. The said provision of law is being reproduced herein below for easy reference:
“(3) The passport authority may impound or cause to be impounded or revoke a passport or travel document,-
(a) if the passport authority is satisfied that the holder of the passport or travel document is in wrongful possession thereof;
(b) if the passport or travel document was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the passport or travel document or any other person on his behalf; [Provided that if the holder of such passport obtains another passport the passport authority shall also impound or cause to be impounded or revoke such other passport]
(c) if the passport authority deems it necessary so to do in the interests of the sovereignty and integrity of India, the security of India, friendly relations of India with any foreign country, or in the interests of the general public;
(d) if the holder of the passport or travel document has, at any time after the issue of the passport or travel document, been convicted by a court in India for any offence involving moral turpitude and sentenced in respect thereof to imprisonment for not less than two years;
Also Read- DOWRY COMPLAINT AGAINST IN LAWS
(e) if proceedings in respect of an offence alleged to have been committed by the holder of the passport or travel document are pending before a criminal court in India.
(f) if any of the conditions of the passport or travel document has been contravened;
(g) if the holder of the passport or travel document has failed to comply with a notice under sub-section (1) requiring him to deliver up the same;
(h) if it is brought to the notice of the passport authority that a warrant or summons for the appearance, or a warrant for the arrest, of the holder of the passport or travel document has been issued by a court under any law for the time being in force or if an order prohibiting the departure from India of the holder of the passport or other travel document has been made by any such court and the passport authority is satisfied that a warrant or summons has been so issued or an order has been so made.”
Also Read- CHILD CUSTODY ISSUE DISPUTES IN DIVORCE
Procedure:
- Write a complaint to Regional Passport Officer, fulfilling the criteria of Sec 10 (3) of Passports Act, 1967 with proof of the same along with the whereabouts of the person who is apprehended to misuse passport for illegal purpose.
- You may be called upon to explain your case in-person before the Authority. Based on valid reasoning and sound proof, if the officer is satisfied, the impounding of passport begins.
- The Authority may summon the accused and give opportunity to defend. Then based on merits, the decision of impounding of passport can be taken.
Also Read- ANTICIPATORY BAIL IN 498A CASES
In view of the provisions of the Passport Act, 1967 it is clear that certain circumstances have been specifically defined under which the Passport can be impounded. It is only the Passport Authority that has been empowered and authorized to impound a Passport under the Passport Act.
The Passport Authority may impound or revoke the passport if it is brought to the knowledge of the Passport Authority that a warrant or summon for appearance, or a warrant for the arrest has been issued by a court under any law. Thus, for any party seeking for revocation/impounding of Passport of a person, appropriate application is required to be made before the Passport Authority, which may exercise powers to impound the same.
For more info on subject, please dial 99888-17966.
