2021 (11) TMI 690 - HC - Indian Laws

Seeking permission to travel abroad for the purpose of renewing his passport - divorce petition was filed on the ground of cruelty - offences under Sections 498 and 406 IPC r/w 4 of Dowry Prohibition Act - HELD THAT - If the presence of the petitioner is required by the trial Court, he would appear and submit to the trial Court orders. Whenever his presence is absolutely necessary, he shall appear. On the other dates, his counsel would continue with the proceedings and will not seek any adjournments or defer the cross examination for the reason that instruction is to be received from the petitioner and the presence of the petitioner is required. The petitioner is directed to file an undertaking affidavit to that effect before the Court below. This Court directs the Regional Passport Office, Trichy to renew the passport bearing No.J4490193 and also to permit the petitioner to undertake his travel to USA - Petition disposed off.

Summary

Issues:
1. Petitioner seeking permission to travel abroad for passport renewal.
2. Delay in trial due to accused filing petitions.
3. Apprehension of prosecution regarding petitioner not returning.

Analysis:
1. The petitioner, facing trial for offences under Sections 498 and 406 IPC r/w Dowry Prohibition Act, sought permission to travel abroad for passport renewal. The Trial Court dismissed the petition, leading to the filing of the present petition. The petitioner, a citizen of India and a permanent resident of the USA, highlighted his need to renew his passport due to U.S. law requirements for Lawful Permanent Residents (LPRs) to maintain their status. The petitioner's history of travel and legal proceedings involving his ex-wife and family were presented to support his request.

2. The prosecution raised concerns about the delay in trial caused by various accused filing petitions. Some accused filed discharge petitions, which were dismissed, leading to further petitions and delays. The prosecution feared that allowing the petitioner to travel abroad would result in him not returning, further delaying the trial in C.C.No.2165 of 2015. The petitioner's willingness to file an affidavit assuring his timely appearance and cooperation in court proceedings was highlighted to address these concerns.

3. The Court directed the petitioner to file an undertaking affidavit committing to timely appearance in court proceedings and not causing any delays. Considering the petitioner's roots in India, family ties, and the necessity to renew his passport for LPR status maintenance, the Court ordered the Regional Passport Office to renew his passport and permitted him to travel to the USA. The judgment aimed to balance the petitioner's legitimate reasons for travel with the need to ensure trial proceedings were not unduly delayed.

This detailed analysis of the judgment provides insights into the legal reasoning and considerations behind the Court's decision regarding the petitioner's request to travel abroad for passport renewal amidst ongoing trial proceedings.