NEW DELHI: Taking advantage of the fact that Protection of Women from Domestic Violence Act, 2005 does not have jurisdiction beyond the country, a UK-based NRI had been allegedly evading a case against him filed by his estranged wife in India. However, this matrimonial dispute spread across continents has finally found an anchor in the capital.
After the man and his parents repeatedly failed to appear before the court, a trial court — in a first of its kind order — has directed the passport authorities to cancel the passport of the accused, "so that their presence can be secured" before it. Metropolitan magistrate Shivali Sharma directed the investigating officer (IO) to "expedite the entire process" so that the passport authorities can act on it quickly.
The court's orders came while hearing the plea filed by the complainant's counsel Prashant Mendiratta seeking revocation of passport of the husband and his parents, who are also based in London. In the application, Mendiratta said there were specific provisions in the Passport Act, 1967 through which the revocation of passport can be done.
The IO of the case submitted before the court that a request had already been submitted to the Regional Passport office by DCP (west) for cancellation of their passports. However, the passport details of the accused's father were not available and efforts were being made to trace it. The court had earlier ordered issuance of non-bailable warrants against the husband and the complainant's in-laws, which were returned unexecuted in India as all three of them have refused to come back to India after the registration of the FIR.
After hearing the submissions, the court directed the IO to take necessary steps and file a report on it. "Since there are specific provisions in the Passport Act, the passport authorities are directed to cancel the passport of the accused persons so that their presence can be secured before the court," the court said. It also directed the IO to trace the details of the passport of the accused's father before the authorities.
As per the case, the couple got married on November 23, 2008 in Delhi. After staying in the country for a month, the complainant left along with her husband to London, where the family runs a hotel. However, she was allegedly thrown out of the house in London over a dispute and she had to return to India in May 2009.
After the man and his parents repeatedly failed to appear before the court, a trial court — in a first of its kind order — has directed the passport authorities to cancel the passport of the accused, "so that their presence can be secured" before it. Metropolitan magistrate Shivali Sharma directed the investigating officer (IO) to "expedite the entire process" so that the passport authorities can act on it quickly.
The court's orders came while hearing the plea filed by the complainant's counsel Prashant Mendiratta seeking revocation of passport of the husband and his parents, who are also based in London. In the application, Mendiratta said there were specific provisions in the Passport Act, 1967 through which the revocation of passport can be done.
The IO of the case submitted before the court that a request had already been submitted to the Regional Passport office by DCP (west) for cancellation of their passports. However, the passport details of the accused's father were not available and efforts were being made to trace it. The court had earlier ordered issuance of non-bailable warrants against the husband and the complainant's in-laws, which were returned unexecuted in India as all three of them have refused to come back to India after the registration of the FIR.
After hearing the submissions, the court directed the IO to take necessary steps and file a report on it. "Since there are specific provisions in the Passport Act, the passport authorities are directed to cancel the passport of the accused persons so that their presence can be secured before the court," the court said. It also directed the IO to trace the details of the passport of the accused's father before the authorities.
As per the case, the couple got married on November 23, 2008 in Delhi. After staying in the country for a month, the complainant left along with her husband to London, where the family runs a hotel. However, she was allegedly thrown out of the house in London over a dispute and she had to return to India in May 2009.
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