1N THE HIGH COURT OF CHHATTISGARH AT BILASPUR WPLQ] No. W4 L$ [201 1 PETITIONER Sgt. Sai Priya W/ o Ravi Vijay I aged about 36years, Quarter no. 32 / A , Geetanjali Enclave , Ring Road — 2 Bilaspur Distt. Bilaspur [C.G.] VERSUS Union of India , Through the Chief Passport Officer,Ministry of External Affair, Patiyala House , Annexe , Tilak Marg New Delhi IT PETITION A/U 226 / 227 OF THE CONSTITUTION OF INDIA V R HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (Cr.) NO.7423 OF 201’] PETITIONER Smt. Sai Priya Versus RESPONDENT Union of India (Writ Petition under Article 226/227 of the Constitution of India) Single Bench : Hon’ble Shri Satish K Agnihotri J Present :- Shri N K MaIVIya Advocate forthe petitioner Ms. Fouzua Mirza, Asstt. Solic1tor General for the Union of India. O R D E R (Passed on this 16m day of December, 201 1) 1. Heard learned counsel for the parties. 2. By this petition, the petitioner seeks a direction to the respondent authorities to impound the passport of Ravi Vijay to compel him to appear before the Family Court, Bilaspur. 3. Learned counsel appearing for the petitioner submits that the petitioner was married to Ravi Vijay on 21-4-2007 and thereafter both the husband and wife left for United States of America at Pennusylvenia on 11-9-2007. ln USA the petitioner stayed up to 10-1 1-2007 and aften/vards she left USA on account of ill treatment given by Ravi on account of demand of dowry. 4. On 10-3-2008 the petitioner lodged a compliant under Section 498—A of the Indian Penal Code and also filed an application under Section 125 of the Cr.P.C. before the Family Court, Bilaspur. The Family Court issued warrant of arrest against Ravi through the Ministry of External Affairs, Government of India. In spite of said arrest warrant, Ravi hasnot appeared before the Family Court. Even’the Ministry of External Affairs, Government of India has not paid any attention and simply by letter dated 22-1 1—2011 they said that the passport of RaVI has been renewed by Consulate General of Indra New York rn the year 2008 therefore/contact CGI New \i York along with cenified cbpy of entire order sheet pertaining to the above case, court case number; certified copy of warrant (if it is still in force). Thus, this petition. Indisputably, the case is still pending consideration before the Family Court. lt appears that the warrant of arrest has also been issued by the concerned Court. In that event, the Family Court is competent to pass a direction to sub-serve the interest of justice including impounding of passport, if the Court is of such opinion. Accordingly, liberty is granted to the petitioner to move the concerned Family Court by filing an appropriate application, wherein the matter is pending consideration, to pass appropriate direction/order, in accordance With law, to sub—serve the interest of justice. Gowri Accordingly, the writ petition is disposed of. u: , h ‘ " 5m- é , Satish K. Agnihetri l Judge a