DELHI HIGH COURT LAW INSIDER IN

Delhi High Court: Passport cannot be revoked merely because of Matrimonial Dispute

Jass Kaur Bindra

The word came from Delhi High Court on an order which was passed in the month of may last year, where the passport of a man was set aside.

The court clarified that just because of the presence of a matrimonial dispute the passport certificate of an individual cannot be seized or cannot be revoked.

It was stated by Justice Pratibha M Singh that the revocation of passport should not be done.

Moreover, if steps like revocation of passport is to be done then it can only be done after hearing the person who is to be affected by the revocation of passport which was not done at all.

It was stated by the Delhi High Court, “Matrimonial cases cannot stop his passport forever. It is only a matrimonial dispute. Why don’t you restore his passport?”

The court even observed, “The man’s plea seeking setting aside of mi 2020 order upholding revocation of his passport is genuine.”

The centre was brought in the matter while dealing with the revocation of the passport of the man.

The centre clarified that once the passport is revoked it is to be re applied by the petitioner.

This means that the already revoked passport cannot be restored.

The petition which was raised by the men clarified that, “No prior notice or an opportunity to plead his case was placed before him.”

Although the man brought this petition but the centre clearly stated that an opportunity was given to him when he was in Texas USA but he did not use that opportunity to give his stand before his passport was about to be revoked.

Directions were given by the court, “The ministry of external affairs should file an affidavit stating whether the man was given prior notice and an opportunity to be heard by Indian mission before his passport was revoked.”

The court clearly said that, Revocation of passport is a very strong measure and it cannot be done without any prior hearing.