How to Revoke or Impound an NRI Husband’s Passport: A Complete Legal Guide

Marital disputes with an overseas spouse can be particularly complex due to the challenges of international jurisdiction. One effective legal tool available to a spouse in India is seeking the impounding or revocation of their NRI husband’s passport.

This action can compel their presence for court proceedings and significantly impact their ability to evade legal obligations. This article outlines the legal pathways and procedures for taking this step

If you’re facing abandonment or non-compliance with court orders by your NRI husband, Indian law provides a powerful remedy – passport revocation. Here’s what you need to know:

Grounds for Passport Impoundment/Revocation:

Court-ordered maintenance defaults (Section 125 CrPC)

Non-compliance with divorce/matrimonial proceedings

Criminal charges under:

• IPC 498A (dowry harassment)

• Domestic Violence Act cases

• Child custody violations

Step-by-Step Legal Process:

1. File Supporting Case First

• Must have pending:

  • Maintenance case OR

  • Matrimonial dispute OR

  • Criminal complaint

2. Approach Appropriate Court
✔ Family Court – for matrimonial/maintenance cases
✔ Magistrate Court – for criminal matters
✔ High Court – in exceptional circumstances

3. Submit Application for Impoundment
Required documents:

• Certified court case copies

• Proof of willful non-compliance

• Husband’s passport details (if available)

• Affidavit of facts

4. Court Hearing & Order

• Court examines:

  • Willful disobedience

  • Opportunity given to husband

  • Proportionality of remedy

5. Enforcement Through RPO

• Court order sent to:

  • Regional Passport Office

  • Ministry of External Affairs

  • Indian Mission abroad (if applicable)

What is Passport Impounding or Revocation?

The Passports Act, 1967, is the primary law governing the issuance, impounding, and revocation of Indian passports. Under Section 10(3) of this Act, the Passport Authority has the power to impound (temporarily seize) or revoke (permanently cancel) a passport under specific circumstances. For marital disputes, a key circumstance is when criminal proceedings are pending against the passport holder.

The distinction is important:

• Impounding is a temporary measure, often while a case is pending.
• Revocation is a more permanent step, usually ordered after a conviction.

The power to impound or revoke a passport is a significant legal provision, as the right to travel abroad is considered a part of a person’s fundamental right to personal liberty under Article 21 of the Indian Constitution. Therefore, any such action must be supported by a lawful procedure and a valid court order.

What is Passport Impounding or Revocation?

The Passports Act, 1967, is the primary law governing the issuance, impounding, and revocation of Indian passports. Under Section 10(3) of this Act, the Passport Authority has the power to impound (temporarily seize) or revoke (permanently cancel) a passport under specific circumstances. For marital disputes, a key circumstance is when criminal proceedings are pending against the passport holder.

The distinction is important:

• Impounding is a temporary measure, often while a case is pending.
• Revocation is a more permanent step, usually ordered after a conviction.

The power to impound or revoke a passport is a significant legal provision, as the right to travel abroad is considered a part of a person’s fundamental right to personal liberty under Article 21 of the Indian Constitution. Therefore, any such action must be supported by a lawful procedure and a valid court order.

The Legal Process to Impound Your Husband’s Passport

You may approach a Criminal Court of competent jurisdiction in India for obtaining an appropriate Court Order for revoking or impounding the passport of your husband. Here’s a step-by-step overview of the general process:

Step 1: File a Criminal Complaint The first and most crucial step is to initiate a criminal case against your husband. A common route is to file a complaint or First Information Report (FIR) under Section 498A of the Indian Penal Code (IPC). This section deals with cruelty by a husband or his relatives towards a woman.

Step 2: Obtain a Court Order Once a criminal case is filed and proceedings are underway, the court will issue summons or warrants for your husband’s appearance. If he is abroad and fails to appear despite repeated notices, the court may declare him a “Proclaimed Offender.” At this stage, you can file an application with the court, requesting an order to impound or revoke his passport. The court, upon being satisfied with the evidence, can issue an order to the Passport Authority.

Step 3: Notifying the Passport Authority Once you have the court order, you must formally submit an application to the relevant Regional Passport Office (RPO) or Passport Authority. This application must be accompanied by the court’s order. The Passport Authority is legally bound to act on this judicial directive and will then proceed with the impounding or revocation of the passport.

The Consequences of Passport Impounding

An impounded or revoked passport has significant consequences for an NRI spouse.

• If your husband is in India: He will be restricted from traveling abroad. Any attempt to leave the country will be flagged at immigration.
• If your husband is abroad: His passport will be rendered invalid. This can make his stay in the foreign country illegal, potentially leading to his deportation back to India. The Passport Authority will also inform the relevant Indian Embassy or Consulate, which can then take further action in coordination with the local authorities.

A Note on Legal Assistance

Given the complexities involved, especially with criminal law procedures and dealing with an overseas spouse, seeking expert legal guidance is highly recommended. A lawyer with expertise in NRI marital disputes can assist you with all these steps, from drafting the initial complaint to liaising with the court and the Passport Authority.

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Educational Purpose Only – This article is for educational and informational purposes only. Legal Light Consulting does not take responsibility for the content. For accurate legal guidance, please book a consultation with our qualified attorneys.

Disclaimer: The information here is not legal advice. For advice about your specific situation, please contact a licensed attorney. Reaching out to us does not create an attorney-client relationship.

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Additional Protections Available:

1. Freezing of Indian assets

2. ECIR filings for financial fraud

3. Interpol notices in criminal cases

Note: Passport revocation is a serious remedy – our lawyers can advise if this is the right strategy for your situation.