Issuance of Passport and 498A

 Passports Act 1967 governs the ground for rejection of passport

https://passportindia.gov.in/AppOnlineProject/pdf/passports_act.pdf

Read Sec 6 (2)(f)

(f) that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal court in India;

Also, refer to the circular No. VI/401/1/5/2019 available at 

https://www.passportindia.gov.in/AppOnlineProject/pdf/CIR_0222681_Y.pdf  

Refer to Para 5, Point (vi)

"It may be noted that mere filing of FIRs and cases under investigation do not come under the purview of Section 6(2)(f) and that criminal proceedings would only be considered pending against an applicant if a case has been registered before any court of law and the court has taken cognizance of the same"

Passports Act prevails over CrPC

http://tshcstatus.nic.in/hcorders/2020/wp/wp_10429_2020.pdf

"The power to impound a validly issued passport is specifically conferred on the passport authority under Section 10(3) of the Passports Act, 1967, being a special enactment would prevail over Cr.P.C. a general enactment. Thus, even after deposit of seized property into the Court, the respondent authority would be required to take further steps by approaching the passport authority under the Passports Act, 1967, and seek for impounding of passport."

"before passing of impounding order, the authority is required to give opportunity of hearing to the concerned"

Facts of the case: An indian-origin engineer employed in germany and then in US married an Indian lady who roamed the world and enjoyed the honey moon period for one year and then returned to India. Husband filed divorce due to his US hangover and was gifted with 498A etc., his passport got impounded when he visited India and is running around courts for several months (or years?) 

Other related links:

1. https://www.scconline.com/blog/post/2021/12/20/can-pendency-of-matrimonial-cases-be-a-ground-to-deny-a-passport/

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