V. Visalakshi v. Chief Passport Officer, CPV Division, New Delhi
2014-07-15
T.S.SIVAGNANAM
body2014
DigiLaw.ai
Judgment : 1. The petitioner seeks for a direction to consider her representation dated 10.07.2014 and consequently to restrain her husband namely Valliyappan @ Saravanan, from leaving the Country on the ground that the petitioner has filed a H.M.O.P.No.56 of 2011 and the same is pending before the sub-Court, Devakottai and she has also filed an interim application in I.A.No.103 of 2011 seeking for interim maintenance. Further, it is submitted that the fifth respondent filed a petition seeking for divorce and the same is also pending in H.M.O.P.No.65 of 2011 before the same Court. Further, the petitioner has filed a petition under the Domestic Violence Act, in M.C.No.28 of 2012 and the same is pending before the Judicial Magistrate Court, at Karaikudi. With these facts the petitioner seeks to restrain the fifth respondent from leaving the Country. 2. By consent of both parties, the main writ petition itself is taken up for final disposal at the stage of admission. 3. At the very threshold, a blanket order preventing the fifth respondent from leaving the Country cannot be granted since the matrimonial proceedings are pending before the sub-Court and the learned Judicial Magistrate Court, from 2011. 4. In the light of the above facts, the writ petition is disposed of by directing the second respondent to consider the representation of the petitioner dated 10.07.2014 and pass orders on merits and in accordance with law after issuing notice to the petitioner as well as the fifth respondent and such order shall be passed by the second respondent within a period of two weeks from the date of receipt of a copy of this order. No costs.