Passports Act, 1967

Passports Act, 1967

Matrimonial Dispute - Whether on pendency of an FIR in a matrimonial dispute, the withholding of passport was justified

Proceedings can be said to be pending before a criminal court only when a cognizance has been taken by the Court

Passports Act, 1967, Section 6(2)(f) – Matrimonial Dispute - Whether on pendency of an FIR in a matrimonial dispute, the withholding of passport was justified - Issuance of a passport can be refused if proceedings in respect of a criminal offence alleged to have been committed by the applicant are pending before a criminal court in India - Proceedings can be said to be pending before a criminal court only when a cognizance has been taken by the Court - Petition disposed of with a direction to re-issue the passport to the petitioner, if there is no other legal impediment, except the registration of the aforesaid case - However, it is directed that the manner of the use of the passport for travel outside will be subject to the orders of the appropriate criminal court of competent jurisdiction in respect of the FIR registered against the petitioner - The petitioner will himself approach the concerned Court, and seek appropriate directions to travel abroad, if he intends to use the passport for such a purpose.

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Passport cannot be refused or cancelled only on the ground of registration of an F.I.R

Passports Act, 1967 - Section 10(3), Section 12(1)(b), Section 6(2) - Passport cannot be refused or cancelled only on the ground of registration of an F.I.R

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