Passport impoundment has become a recurring concern in NRI matrimonial disputes, especially where allegations of cruelty, abandonment, dowry harassment, or maintenance default arise. For Non-Resident Indians (NRIs), a passport is not merely an identity document. It is essential for international travel, employment, immigration status, and residency abroad.

Many individuals fear that Indian courts will automatically seize or cancel a passport once a matrimonial dispute begins. However, Indian law does not allow routine or arbitrary passport impoundment. Statutory safeguards, judicial precedents, and constitutional protections clearly define when authorities may take such action.

This article explains, in simple terms, how passport impoundment works in NRI matrimonial disputes, the legal provisions involved, the role of courts and authorities, and the safeguards available to prevent misuse of this power. The discussion strictly adheres to Indian legal principles and aims to provide objective, educational clarity for non-lawyers.

Understanding Passport Impoundment Under Indian Law

Passport impoundment refers to the temporary seizure or retention of a passport by lawful authority, restricting the holder’s ability to travel internationally. In India, passports are governed by the Passports Act, 1967, which lays down the circumstances under which a passport may be issued, refused, revoked, or impounded.

Importantly, matrimonial disputes alone do not automatically justify impoundment. The power must be exercised strictly in accordance with law and due process.

Legal Framework Governing Passport Impoundment

The Passports Act, 1967

The Passports Act is the primary legislation regulating passports in India.
Key provisions relevant to NRI matrimonial disputes include:

  • Section 6 – Grounds for refusal of passport issuance

  • Section 10(3) – Power to impound or revoke a passport

  • Section 10(5) – Requirement to record reasons in writing

Under Section 10(3), a passport may be impounded if:

  • Criminal proceedings are pending before an Indian court

  • The holder is likely to evade the process of law

  • The action is necessary in the interests of sovereignty, security, or public order

Matrimonial disputes fall under criminal proceedings only when offences such as cruelty under Section 498A IPC, dowry-related offences, or cheating are formally registered.

Constitutional Protection of the Right to Travel

The right to travel abroad is recognized as part of Article 21 of the Constitution of India, which protects personal liberty. The Supreme Court has consistently held that any restriction on this right must be fair, reasonable, and backed by law.

Passport impoundment, therefore, cannot be mechanical or punitive. Authorities must balance individual liberty with the interests of justice.

Can a Passport Be Impounded Solely Due to a Matrimonial Dispute?

A common misconception in NRI matrimonial disputes is that filing of a complaint or FIR automatically leads to passport seizure. This is incorrect.

A passport cannot be impounded merely because:

  • A divorce case is pending

  • Maintenance proceedings are ongoing

  • Civil matrimonial litigation is underway

Impoundment may be considered only when:

  • Criminal proceedings are pending

  • The court records a risk of the accused absconding

  • Summons, warrants, or court directions are being deliberately ignored

Role of Criminal Proceedings in Passport Impoundment

Passport impoundment often arises in cases involving:

  • Section 498A IPC (cruelty by husband or relatives)

  • Dowry Prohibition Act offences

  • Cheating or fraud related to marriage

  • Non-compliance with maintenance or court orders

Even in such cases, the court must assess necessity. The mere registration of an FIR does not automatically justify impoundment.

Authority Competent to Impound a Passport

Passport Authority

Only the Passport Authority under the Passports Act has the statutory power to impound or revoke a passport. Police authorities cannot independently seize a passport unless directed by a court or empowered under law.

Courts

Indian courts do not directly impound passports but may:

  • Direct the accused to surrender the passport

  • Restrict foreign travel during pendency of proceedings

  • Inform the passport authority for appropriate action

Such directions are typically issued when the court believes the individual may evade trial.

Judicial Guidelines on Passport Impoundment

Indian courts have established clear safeguards to prevent the misuse of passport impoundment in matrimonial cases.

Judicial decisions highlight the following principles:

  • Authorities should not treat passport impoundment as a routine measure

  • The concerned authority must clearly record reasons in writing

  • Courts must give the individual a fair opportunity to present their case

  • Judges should consider less restrictive alternatives before limiting travel

Courts have repeatedly stated that matrimonial disputes often arise from personal and emotional conflicts. They have cautioned against using criminal law as a coercive mechanism in such cases.

Look-Out Circulars (LOCs) and Their Impact on NRIs

In some NRI matrimonial disputes, authorities issue Look-Out Circulars (LOCs) to prevent departure from India.

LOCs may be issued when:

  • The accused has ignored court summons

  • Non-bailable warrants are pending

  • There is credible apprehension of absconding

However, LOCs are subject to judicial review. Courts have clarified that LOCs cannot be issued mechanically in matrimonial disputes without proper justification.

Impoundment vs. Travel Restrictions

It is important to distinguish between:

  • Passport impoundment – Physical seizure or legal suspension

  • Travel restriction orders – Court-imposed conditions limiting travel

Courts often prefer imposing conditions such as:

  • Requiring prior permission before travel

  • Furnishing security or bonds

  • Providing itinerary and contact details

These measures are considered less intrusive than impoundment.

Legal Safeguards Available to NRIs

NRIs involved in matrimonial disputes have several legal safeguards under Indian law.

Right to Notice and Hearing

Before impounding a passport, authorities must:

  • Issue notice to the passport holder

  • Provide an opportunity to explain or respond

  • Pass a reasoned order

Failure to follow this procedure can render the action invalid.

Right to Challenge Impoundment

An aggrieved individual may:

  • File an appeal under the Passports Act

  • Approach the High Court under writ jurisdiction

  • Seek modification of court-imposed travel restrictions

Courts examine whether the restriction is proportionate and necessary.

Maintenance Proceedings and Passport Impoundment

Maintenance disputes often trigger fears of passport seizure. However:

  • Non-payment of maintenance alone does not justify impoundment

  • Courts may use coercive measures only after repeated non-compliance

  • Even then, passport restrictions must be proportionate

Courts have reiterated that maintenance enforcement should not violate fundamental rights.

Passport Impoundment in Ex Parte Proceedings

In some NRI matrimonial disputes, proceedings continue ex parte due to absence of the NRI spouse.

Even in such situations:

  • Passport impoundment is not automatic

  • The court must record satisfaction that absence is deliberate

  • Proper service of summons must be established

Natural justice principles continue to apply.

Interaction with Immigration and Foreign Residency

For NRIs, passport impoundment can impact:

  • Employment abroad

  • Visa renewals

  • Residency or citizenship applications

Indian authorities are expected to consider these consequences before restricting travel, especially when the individual has demonstrated cooperation with legal proceedings.

Practical Steps for NRIs Facing Passport Impoundment Risk

While not legal advice, general awareness steps include:

  • Responding promptly to court summons

  • Avoiding unnecessary absence from proceedings

  • Informing courts about overseas employment obligations

  • Seeking modification of travel conditions where required

Compliance and transparency often reduce the risk of restrictive orders.

Frequently Asked Questions (FAQs)

Can a passport be impounded without a court case in NRI matrimonial disputes?

No. Passport impoundment requires statutory grounds under the Passports Act and cannot be done arbitrarily without legal proceedings.

Is passport impoundment permanent?

No. Impoundment is usually temporary and subject to review, appeal, or modification based on circumstances.

Can police seize an NRI’s passport in matrimonial disputes?

Police cannot independently impound a passport unless acting under court direction or statutory authority.

Does filing a 498A case automatically lead to passport cancellation?

No. Each case is assessed individually. Filing of an FIR alone is insufficient for impoundment.

Can courts allow international travel during matrimonial proceedings?

Yes. Courts may permit travel subject to conditions such as furnishing security or providing travel details.

Passport impoundment in NRI matrimonial disputes follows a clear legal framework and does not arise automatically from marital conflict or litigation. Indian law, backed by constitutional protections and judicial safeguards, restricts the right to travel only when authorities can clearly justify the need for such action.

Understanding the legal framework helps dispel fear and misinformation surrounding matrimonial disputes involving NRIs. While courts remain vigilant against misuse of liberty to evade justice, they also guard against arbitrary restrictions that infringe personal freedom.

A balanced approach, grounded in due process and proportionality, continues to guide Indian courts in addressing passport impoundment issues in matrimonial disputes.