My sister got married to NRI (Indian citizen) in 2018. He flew to US after one month of marriage. Sister joined him six months later. There was some matrimonial discord from very beginning. Finally there was some manhandling and he beat her in 2019 (all done in US). She came to India immediately and we did not press any charges in US as we do not want to destroy both the lives. Since last two years both rarely talk, he do send some money to sister but not in proportion to what he earns. I would not portray him demon here but just present plain facts. a) What can we do to bring him back ? We know he will only come back once his passport feels the heat ? Under which sections we can file case on him so that his passport is threatened ? b) In how much time can we expect this passport to get cancelled ? He is not planning to come back soon, so lookout notice which ensures arrest on arrival will not matter much. Does it has to go through courts or can we also write to Passport Authority to get his passpost canceled just for speedy actions. c) Suppose if his passport is cancelled, will he be able to fly back to India. If not whole purpose of exercise is futile. Thanks
If your sister has been harassed for dowry file case of dowry harassment against him under section 498 A of IPC read with section 2,3 of dowry prohibition act
2) if your husband does not cooperate with investigations look out circular can be issued against him
3) you can apply to passport office for impounding of his passport if any non bailable warrant has been issued against him
4) show cause notice would be issued to husband why his passport should not be impounded
1. She may have to lodge a criminal complaint for teh acts of cruelty and dowry harassment against him and once the FIR is registered then only she can take up the matter to the passport authorities to issue notice to him show causing reasons that why his passport cannot be impounded pending criminal cases against him.
2. Until and unless there is a criminal case pending against him before court of law, the passport authorities may not issue any notice to him for this purpose.
3. Without passport nobody can leave the country.
a) Any non bailable or bailable section of IPC or other criminal legislation applicable to the facts aa per your case. In general there is 498A, dowry prohibition, domestic violence etc.
b) It depends on the default conducted by him after you file the case it is not easy to impound anyones passport.
c) no
Dear client
for getting him back, you can file for restitution of conjugal rights but since he stays in the US it may be comparatively harder for you. For getting the passport impounded, you can file for a domestic violence case but it did not happen in India and the accused is not resiidng in India, so this also increases the complicity of the case. He has to come here to get his passport impounded as per the usual laws.
If his passport is impounded, then he can not fly back from India.
Thank you
Hi, your Sister can file a Complaint for offence under Section 498/A. Once your sister lodge the complaint, police will register the complaint and after investigation the police will file Charge Sheet. Suppose, if he does not appear before the Court then Court will issue NBW and the court will issue Look Out Notice.
As your sister and her husband still continue their matrimonial relationship (meaning, their marriage is not dissolved yet), it would be rather premature to initiate any serious criminal action against him. Your sister may ask for more sum every month to meet her living expenses.
- Your sister can claim maintenance from him after filing a suit for maintenance and also under the provision of Domestic Violence Act.
- If he refused to accept the summons of the court, then the Court has its power to call her husband from US, under the following provisions, i.e.
The Ministry of External Affairs, has, on the basis of Look Out Circulars/Non-Bailable Warrants/Summons/Court Notices, suspended passports under Section 10A of the Passports Act, 1967 and impounded/revoked under Section 10(3) of the Passports Act, 1967, of Non Resident Indians (NRI) husbands for deserting their wives.
