Post-498a Scenario: When passport is feared of being seized, and person anticipates detention for an unreasonable time

If the husband(or the victim family) is working abroad, and is facing a high profile opponent who is legally terrorising them, with the girl's side having a lot of political or other influence, and has a lot of clout in the system. The bail may be opposed strongly, or after bail they may have to attend police station at frequent interwels or at the will of the police- this itself is a worry- but an application to relax the bail conditions could be the remedy).


The main problems are whether the bail would be denied or whether the passport will be impounded/seized and they will be kept remanded for an unreasonable time(there by affecting ones job) with influence and money power.

See how Mr.Rao had got the passport released from HC andhra(see details in message: http://groups.yahoo.com/group/saveindianfamily/message/19156 ). One could also try emailing Mr.Rao email: rao257 (at) yahoo.com.

But in these kind of cases the real trouble is with the influence and power of the girls side, and to nuetralise the potency of the girl's side influence, one has try and submit petitions(to Authorities right from PM, President to MP,MLA, political party local presidents & other important office holders, similarly with the police authorities from IG to SHO(Station's Senior inspector, clearly mention the police station and Court where ur case is going on in your petitions)) mentioning the boys apprehensions of being detained for an unreasonable time in india with his passport also not being given back, there by affecting/losing his job abroad, etc. etc.

The effect of this kind of petition is not because all those higher officials and authorities care a damn, but that the Station Senior inspector, other police officers involved in the case and DCP of the zone, and the Magistrate(put a copy to the magistrate too, ask your advocate about this) will think twice about yielding to the influence of the girl's side.

But one may have reservations about this strategy, since both the families could have a lot of common friends and 'biradri' folks between them- but what better to do , in this case(or for that matter any other), other than to fight out fully.

This is exactly the same strategy which saved many victims(this was actually advised by a high ranking police officer, so do understand that this is a time-tested and sure-fire strategy)- as this has worked out in the boys favour in cases where the girls side were putting a lot of pressure right from delhi to the local congress committee, etc.- but they are all free and hitting back at the girls side now

The son can avoid coming to India and just be where he is, but the parents Passports also could be seized, and hence they cant visit their son + this 498a case will never be closed until the son comes and faces the legal procedures. Better fight now, sooner or later u will have to either do it or submit to the oppression- this is our frank opinion.

Some references, coutsey to the respective sources(not plaigerism, just info dissemination)

1) http://ipc498a.wordpress.com/2007/04/12/sc-judgment-maneka-gandhi-vs-union-of-india-1978/ ->

SC Judgment: Maneka Gandhi Vs Union Of India (1978)Published April 12th, 2007 :

This will be useful to those of you hounded by a Red Corner Alert or threats of Passport impoundment.
The SC intrepreted this as a case for due process. The article from the Hindu is given below:

http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=5154

The SC kept the passport, but she was given a hearing.
A warning! It is a 144 page judgment.