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1974 Supreme(Del) 147

RAJINDAR SACHAR
JANAK KUMARI – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
B.J.NAYAR, P.N.Sethi, S.S.Chadha

Rajindar Sachar, J.

( 1 ) THIS petition under Arh cle 226 of the Constitution of India raises a question of the interpretation of the Passports Act, 1967 (herein called the Act ).

( 2 ) PETITIONER No. 1 married respondent No. 3 somotirnes in February, 1962. After marriage the husband respondent No. 3 went tousa. Petitioner No. 1 also went and statyed with her husband for about six months there Subsequently petitioner No. 1 came back to India and adaughter (petitioner No. 2)was born to her in 1963 Respondent No. 3, husband continued to live in USA. . till 1970 when he came to India,

( 3 ) ON 15th February, 1971 petitioner No. 1 obtained order under Section 488 of the Code of Criminal Procedure (hereinafter to be called the code) wherein she was awarded maintenance at the rate of Rs. 500p. m being Rs. 350. 00 for petitioner No. 1 and Rs 150. 00 for the petitioner No. 2 This order, was confirmed by the magistrate on 23rd October, 1971.

( 4 ) RESPONDENT No 3 holds passport. Section 10 (3) (e) and (h) of the Act amongt others provide that the passport authority may impound or cause to be impounded or revoke a passport or travel document :

(E) If proceedings in respect of an offence allege
















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