Dismissed

Rabiath Basariya .a v. The Regional Passport Officer

Madras HC2 Mar 2023WP(MD)/1615/2023

Case brief

AI extract

What is this about?

A writ petition sought impounding of a passport to prevent a respondent from absconding in matrimonial and criminal proceedings. The court accepted a binding undertaking from the respondent, directed the police to file a final report within 8 weeks, and directed the magistrate to conclude divorce petitions within 4 months. The petition was disposed of without merits.

What did the court decide?

Undertaking accepted; Police directed to file final report in eight weeks; Magistrate directed to dispose of DVC petitions in four months.

Rabiath Basariya .a Vs The Regional Passport Officer — Service and Employment | Madras HC (2023)

¶1

W.P.(MD)No.1615 of 2023

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 02.03.2023

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

¶6

W.P.(MD)No.1615 of 2023

A.Rabiath Basariya

... Petitioner

Vs.

1.The Regional Passport Officer, Madurai Region, Bharathi Ula Street, Race Course, Madurai -7.

¶11

2.The Inspector of Police, All Women police station, Madurai City, Madurai.

¶12

3.Mohammed Mohideen ... Respondents

¶13

PRAYER: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to impound the passport of 3rd respondent bearing no. Z5448853 issued by the 1st respondent based on the petitioners representation dated 30.12.2022.

¶14

https://www.mhc.tn.gov.in/judis

¶15

1/6

¶16

W.P.(MD)No.1615 of 2023 For Petitioner : Mr.A.Ramesh For R1 : Mr.G.Rajaraman Central Government Standing Counsel For R2 : Mr.Thanga Aravindh Government Advocate (Crl.side) For R3 : Mr.N.Thaminul Ansari

¶17

ORDER

¶18

Heard the learned counsel on either side.

¶19

2.The writ petitioner claims to be the daughter in law of the third respondent. According to the writ petitioner, the marriage between

¶20

her and one Abdul Gani was dissolved on 03.03.2020. Thereafter, she married Mohamed Mathani, the son of the third respondent herein. This claim is contested by the third respondent.

¶21

3. I do not want to go into the merits of the controversy. The fact remains that the petitioner is the defacto complainant in Crime No.6 of 2022 registered on the file of the All Women Police Station, Madurai Town, for the offences under Sections 498(A) and 506(i) of IPC. The third respondent herein is figuring as the second accused in the said case.

¶22

Investigation is still pending and final report is yet to be filed.

¶23

https://www.mhc.tn.gov.in/judis

¶24

2/6

¶25

W.P.(MD)No.1615 of 2023

¶26

4. The petitioner has also filed DVC No.30 of 2022 on the file

¶27

of the Mahila Court (Magisterial Level), Madurai. The third respondent is figuring as the second respondent in the said petition. The petitioner has also filed DVC No.89 of 2022 on the file of the very same Court. In the said petition also, the third respondent herein is figuring as the second respondent. The third respondent is a holder of Indian passport. He is a Indian citizen. He now wants to go on a holy trip(UMRA). The purpose of overseas visit is also contested by the writ petitioner.

¶28

5. The counsel for the petitioner states that the petitioner is likely to flee from the arm of justice. The petitioner apprehends that the third respondent may abscond and that the proceedings initiated by her may be indefinitely stalled. That is why the petitioner has filed the present writ petition for impounding the passport of the third respondent.

¶29

6. The third respondent through his counsel gives the following undertaking.

¶30

a) The third respondent will furnish all his contact details so that he can be reached wherever he is (details of the petitioner's mobile phone contact numbers and e-mail id can be furnished to the second respondent).

¶31

https://www.mhc.tn.gov.in/judis

¶32

3/6

¶33

W.P.(MD)No.1615 of 2023

¶34

b)The third respondent shall appear before the jurisdictional

¶35

criminal Court in response to any summon that may be issued by him. If

¶36

he is unable to do so, he shall make appropriate arrangement, so that he can be represented. If need be, the petitioner also will have to execute special vakalat to authorise any counsel to represent him.

¶37

c) On account of the petitioner's absence from India, the proceedings against the third respondent shall not be stalled and that they should go on. The petitioner also undertakes to enter appearance before

¶38

the Mahila Court(Magisterial level) in both the DVCs filed by the petitioner herein.

¶39

7.The counsel states that tomorrow(03.03.2023) itself, the third respondent will file a vakalat. He is also undertakes that the third respondent will not adopt any dragging on tactics.

¶40

8.If the third respondent breaches the undertaking now given before this Court, consequences will follow. The petitioner will be at liberty to file a petition for contempt of Court also. The second respondent is directed to file final report in Crime No.6 of 2022 within a period of eight weeks. I make it clear that I have not gone into the merits of the allegations made by the petitioner.

¶41

https://www.mhc.tn.gov.in/judis

¶42

4/6

¶43

W.P.(MD)No.1615 of 2023

¶44

9. The learned Judge, Mahila Court(Magisterial level), Madurai, shall dispose of the DVCs file by the petitioner's herein on merits and in accordance with law within a period of four motnhs from the date of receipt of a copy of this order. I once again clarify that merely because I have given this direction it shall not be understood mean that I endorse the allegations against the third respondent. All the contentions of the contesting respondent are fully open.

¶45

10. This writ petition is disposed of accordingly. No costs.

¶46

02.03.2023

¶47

NCC : Yes / No Index : Yes / No Internet : Yes/ No

¶48

pnn

¶49

https://www.mhc.tn.gov.in/judis

¶50

5/6

¶51

W.P.(MD)No.1615 of 2023

¶52

G.R.SWAMINATHAN,J.

¶53

pnn

¶54

¶55

1.The Regional Passport Officer, Madurai Region, Bharathi Ula Street, Race Course, Madurai -7.

¶56

2.The Inspector of Police, All Women police station, Madurai City, Madurai.

¶57

W.P.(MD)No.1615 of 2023

¶58

02.03.2023

¶59

https://www.mhc.tn.gov.in/judis

¶60

6/6

Rabiath Basariya .a v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

Rabiath Basariya .a v. The Regional Passport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

A 1303 Madurai Mills Cooperative Housing Society Ltd. Vs The District Collector

Rajeshwaran Vs The Tahsildar

Viyakula Arpudha Latha Vs The Tahsildar

Valli Vs The Sub Registrar

Chellam .C Vs The Rural Development and Panchayat Raj Department

Sathappa Chindambaram. U Vs The Commissioner