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2021 (2) TMI 599 - HC - Indian LawsSeeking grant of anticipatory bail - renewal of passports - HELD THAT - A perusal of the impleadment shows that there are matrimonial disputes between the Petitioner and his wife leading to complaints being filed. In one such complaint filed by Ms.Vaid, the Petitioner sought anticipatory bail which was dismissed. Since he was already in Australia, finally he travelled to India and was even arrested. The Petitioner then sought permission to travel to Australia which was initially dismissed on 26th August 2019. However, in a Revision petition filed by the Petitioner, vide order dated 25th November 2019, the Sessions Court granted permission to travel subject to conditions imposed. The conditions contained in the order dated 25th November, 2019 shall continue to apply on the Petitioner. Ld. counsel for the Petitioner submits that he does not dispute this position. Accordingly, the Ministry of External Affairs and the Consulate General of India in Sydney shall ensure that the Petitioner strictly abides by the conditions contained in the order dated 25th November, 2019 upheld by this Court vide order dated 29th January, 2020 - Since the new passport has now been issued for a period of five years, the old passport which was suspended shall now be treated as cancelled. Petition disposed off.
Issues:
1. Impleadment application seeking clarification on the conditions imposed on passport renewal. 2. Matrimonial disputes leading to criminal proceedings and travel restrictions. 3. Challenge to the order of conditions on traveling abroad and maintenance proceedings. 4. Continuation of conditions on the petitioner post passport renewal. Issue 1: Impleadment Application The impleadment application filed by Ms. Kanika Vaid, the wife of the Petitioner, sought clarification on the conditions imposed on the renewal of the Petitioner's passport. The renewal was subject to conditions set in the order dated 25th November, 2019, by the Special Judge, which were upheld by the High Court on 29th January, 2020. The application highlighted the need for clarity on whether these conditions still apply to the Petitioner despite the issuance of a new passport. Issue 2: Matrimonial Disputes and Travel Restrictions The judgment outlined the matrimonial disputes between the Petitioner and his wife, leading to criminal complaints and travel restrictions. The Petitioner had sought anticipatory bail, traveled to India from Australia, and faced arrest. The Sessions Court granted permission to travel abroad subject to specific conditions, including providing contact details and restrictions on visiting countries other than India and Australia. The Petitioner challenged this order, which was dismissed by the High Court in January 2020. Issue 3: Challenge to Travel Conditions and Maintenance Proceedings The Petitioner challenged the order of conditions on traveling abroad and maintenance proceedings in a separate petition. The High Court, in its order, addressed the release of a deposited amount and the aspect of travel restrictions on the respondent. It was emphasized that the conditions imposed on travel in the previous order dated 25th November, 2019, would continue to apply to the respondent, who had been issued a fresh passport. Issue 4: Continuation of Conditions Post Passport Renewal The judgment clarified that the conditions specified in the order dated 25th November, 2019, would continue to apply to the Petitioner despite the issuance of a new passport. The Petitioner's counsel acknowledged this position, and it was directed that the Petitioner must strictly abide by these conditions. With the issuance of a new passport for five years, the old passport, which was suspended, would be treated as cancelled. No further orders were deemed necessary, and the petition along with all pending applications were disposed of accordingly.
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