• I have a case pending in court, can I apply for passport, I want 10 year passport not limited period passport

My case no 1987/2016 (14 - 5TH JOINT CIVIL JUDGE J.D. AND JMFC PUNE)
in pune court -current status is "disposed" prior to this there was hearing and arguments for 3years and got transferred to another court. after this we have not got any further summons . Actually myself and wife staying in same house independent lives , we dont talk . 
My passport got expired 2yrs back , i want to apply for renewal (re-Issue ) but i came to know if there is case pending they will issue only 1year validity passport but I want to get 10year renewal like normal citizen , I have attended all hearings as per the hearing dates . The case got transferred but no date or notice received for next hearing . How long should i wait ? I want to court order like in the notes below, It is possible ? I need help 

o	Rajesh V. Chittewan vs. Union of India & Anr., Writ Petition No. 14116 of 2024 (Order dated 31.01.2025), wherein the Hon’ble Bombay High Court considered entitlement to renewal of passport for ten (10) years and held that renewal cannot be denied solely on account of pending proceedings.
o	Writ Petition No. 4917 of 2022 (Order dated 21.12.2023), wherein the Hon’ble Bombay High Court held that arbitrary refusal to renew passports is illegal and directed issuance in accordance with statutory rules.
Asked 8 hours ago in Family Law
Religion: Hindu

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6 Answers

The Bombay High Court (Order dated 31.01.2025) held that passport renewal cannot be denied solely because of pending proceedings. It directed that if the court order does not specify a limited duration, the Passport Authority should issue a standard 10-year passport.

2) The Supreme Court recently clarified that Passport Authorities cannot substitute their judgment for a court's. If a court grants an NOC for renewal without a time limit, a 10-year passport must be issued. 

3)Use the e-Courts Pune Services to find the new court and case number where your matter was transferred. "Disposed" in the old court usually just means the transfer iscomplete

 

4) File an application in the new court specifically requesting a "No Objection Certificate for renewal of passport for a period of 10 years".

 

 

Ajay Sethi
Advocate, Mumbai
100049 Answers
8169 Consultations

DV case under the Protection of Women from Domestic Violence Act, 2005, is triable by the Magistrate, not the Family Court. As a rule, it cannot be “transferred” to the Family Court because the DV Act vests jurisdiction in the Magistrate. However, given the prolonged stagnation due to non-posting of a Magistrate and the substantial overlap of issues with the divorce case, you can seek administrative or judicial intervention to have the DV matter assigned to another functioning Magistrate or fast-tracked.

You may also seek coordination rather than formal consolidation. Courts generally do not consolidate DV and matrimonial proceedings, but they do permit joint or coordinated recording of evidence where facts, witnesses, and allegations substantially overlap, to avoid duplication and conflicting findings. You can request that evidence already recorded in the Family Court be taken on record in the DV case (or vice versa), subject to the other side’s right of cross-examination.

Procedurally, you should move: (i) an application before the Sessions Court seeking transfer of the DV case to another competent Magistrate due to inordinate delay and absence of a presiding officer; and (ii) an application before both courts seeking coordinated/joint recording of evidence or adoption of evidence already led. You can also seek directions for time-bound disposal, citing the wife’s repeated delays and the stalled proceedings.

As for prospects, a straight transfer of the DV case to the Family Court is unlikely because of jurisdictional limits, but a transfer to another Magistrate and coordinated handling of evidence has a reasonable chance of success, especially given the six-year pendency, overlap of issues, and administrative paralysis. The High Court is the most effective forum to seek supervisory directions for speedy disposal and procedural harmonisation. You may approach the High Court for time-bound disposal. 

Anoop Prakash Awasthi
Advocate, New Delhi
50 Answers

Yes you can get full 10 year passport. If it’s renewal you don’t need court noc but if it’s fresh you need to apply if any criminal case is pending against you in which court has taken cognisance 

Prashant Nayak
Advocate, Mumbai
34720 Answers
250 Consultations

If the case is really disposed nd there is no case pending then in the application you can select NO against the pending criminal cases and apply for normal renewal of passport i.e., for 10 years. 

Passport Office cannot restrict validity when the case is closed, if necessary you can attach the certified copy of the disposal of the case. 

If the case is still pending then you file an application before the concerned court seeking permission to renew passport for 10 years. 

If the court passes orders that Applicant is permitted to renew passport and the Passport Authority shall issue passport for full validity then the passport authorities cannot refuse. 

T Kalaiselvan
Advocate, Vellore
90252 Answers
2509 Consultations

The "disposed" status of your case in Pune and the lack of ongoing hearings or summons, you have a strong basis to apply for a full 10-year passport renewal. The term "disposed" typically means the court has concluded its proceedings in that specific forum, and the transfer to another court without any subsequent notice suggests no active, pending litigation requiring your immediate presence or restricting your travel. Therefore, you should not be categorized as someone with a "pending case" in the restrictive sense used by passport authorities. To strengthen your application and avoid any procedural delays or issuance of a limited passport, it is highly advisable to obtain a certified court order explicitly stating your case status. You or your lawyer should approach the court where the case was last listed and request an order confirming that the matter is disposed/not pending actively against you and that there is no objection to issuing you a passport. This order, combined with the legal precedents you cited (like Rajesh V. Chittewan), which prohibit denying full renewal solely for pending proceedings, will be decisive. Present this order along with your passport renewal application to ensure you receive the standard 10-year validity document without unnecessary hindrance.

Lalit Saxena
Advocate, Sonbhadra
157 Answers

The first and most important step is to clearly understand and rely on the current status of your case. If the court record shows the case as “disposed”, then in the eyes of law there is no pending proceeding against you. A matter that was transferred but has not been renumbered, listed, or revived through summons does not automatically become a “pending case” for passport purposes. Passport authorities are required to act on existing judicial status, not assumptions or past history.
Under the Passport Act and Passport Rules, a restricted-validity passport (usually for one year) is issued only where: • a criminal case is actively pending, • the applicant is facing trial or coercive process, or • a court has imposed travel restrictions.
From your narration: • you attended all hearings, • no warrant or proclamation has ever been issued, • no court has restrained you from travel, and • the case status is reflected as “disposed”.
These facts place you squarely within the category of applicants entitled to a full-validity passport.
The Bombay High Court has consistently held that passport renewal cannot be denied or restricted solely because a case once existed or due to administrative confusion regarding court records. The legal principle is clear: unless there is a live and pending proceeding with a specific legal bar, the passport authority has no power to curtail the validity of a passport.
The practical steps you should follow are:
Apply for re-issue of your passport in the normal course for 10 years. Do not voluntarily opt for a one-year passport. In the application form, disclose the case honestly, mention the case number, and clearly state that the matter stands disposed.
Obtain documentary proof of the case status. This can be a certified copy from the Pune court or a printed case-status report from the e-courts portal showing the matter as “DISPOSED”.
Prepare a simple affidavit stating that no criminal or civil case is pending against you, no summons or warrants are in force, and there is no restriction on your travel imposed by any court.
If the passport office still insists on issuing only a one-year passport, do not accept it silently. Ask for a written order or reasoned communication explaining the restriction. They are legally required to provide reasons.
If an adverse decision is still taken, you can approach the Bombay High Court by way of a writ petition seeking a direction for issuance of a full 10-year passport. Courts routinely grant relief in cases where there is no restraint order and the proceedings are either disposed of or dormant.
You do not need to wait any further. Once a case is disposed and no summons or court directions are pending, you are legally entitled to apply for renewal.
In short: • You can apply immediately. • You are entitled to a 10-year passport. • A one-year passport is not mandatory in your situation. • If wrongly restricted, the High Court remedy is effective and well-settled in law.

Yuganshu Sharma
Advocate, Delhi
1152 Answers
4 Consultations

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