Divorce by Mutual Consent is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised in 6 months. However there may be cases where the decision to part may not be a mutual one, and it is only one party who considers the union to be troublesome and worth getting rid off. Such situations lead to Divorce being contested.

You can settle the matter by using mediation or adalath. file a mutual divorce petition.

You may file a complaint with regard to the loss of passport. For getting a duplicate passport ,the Copy of the FIR filed with the nearest police station is necessary.

For duplicate passport an application must be submitted with required documents either personally or a representative can apply if carrying an authority letter.

The documents required are as follows,

Duplicate passport application form which is same as new passport application

Two passport size photographs

The police certificate(FIR) and receipt

Address proof (old passport photocopy if available)

Educational qualification certificates photocopy

Date of birth proof

Notary for loss of passport(another notary is required if applying for tatkal)

An urgency letter for tatkal

Hi, Ask your husband that you can give the consent to the mutual consent divorce only when your husband handed over the passport to you otherwise there is no question of settlement.

2. Secondly you can also lodge a police compliant against your husband and inlaws for taking passport and if they fail to return the passport you can apply for duplicate passport on the basis of the complaint.

You can file a police complaint for theft of your passport against your in-laws. If there is some delay in the filing of complaint then the same will have to be explained by you.

1) refuse to enter into settlement until passport is returned by your in laws

2) file police complaint against husband and in laws under section 406 of IPC for criminal breach of trust as they have wrongfully retained your passport

if your marriage is lasting for more than one year no case for nullity of marriage is maintainable.

you may file FIR under section 379/381/504/506/384 IPC along with 498 A. all things mentioned by your are your stridhan and even your husband cannot take it his possession without your permission.

Q. " The present situation is- my husband wants to go for a divorce on mutual consent and he agrees to return back my jewellery and also give an undertaking regarding those stamp papers taken on my name. However they claim that they don't have my passport. I am scared to go for a settlement without my passport. "

A. this bargain makes divorce on mutual consent void because he is blackmailing you or say compel you to give consent for mutual divorce.

A chattiar vs Shubbharaj AIR 2016 Supreme Court is held that consent obtained for divorce by undue influence is void.

Your husband and in laws are bound to return your property so they cannot bargain divorce on the term of returning all articles.

Best thing is lodge an FIR for loss of passport at the nearest police station. Chances are great you may never get your passport as your in-laws may have mischeviously destroyed your passport to harass you. They will deny that they have your passport.

So after trying this, apply for a new one no point in breaking your head for it.

Regds,

Adv. Payal

Hi

First file a complaint of lost passport in the police station. because without FIR and untraceable report by police, you will not get a duplicate passport issued by Regional passport office.

You can also name your in laws as suspects in the said FIR. In all likelihood only your in laws must have taken custody of the passport and hopefully they did not destroy it (so as to destroy the evidence of you living with your husband in USA)

Your passport is your personal document and property.

Nobody has a right to take it away from including police or even the court without valid reason or without following due process of law.

If you are sure that your mother in law is keeping the passport in her possession you can either issue a legal notice to her to return the same or lodge a criminal complaint with the police seeking to retrieve the same from her and initiate p\appropriate legal action of this illegal act.

If the police is not is supporting or cooperating, you may file a petition before magistrate court to direct the police to take proper action on your complaint and to register a FIR also if need be.