Table of Contents
Introduction
disappear within months of marriage. They promise a better life abroad but vanish soon after the wedding thus cutting off contact, withholding documents, and leaving the wife in deep distress/quandary.Such abandonment causes not just emotional and mental trauma but also social humiliation and financial insecurity. Many women are told that “nothing can be done if the husband lives abroad,” which is completely false.In reality, law provides strong remedies to protect deserted wives; including passport impounding, Look Out Circulars (LOCs), and even deportation orders.
In 2018, the Regional Passport Office, Chandigarh, suspended the passports of over 60 NRI husbands who had abandoned their wives which was a major legal step ensuring that offenders cannot misuse foreign residency to escape accountability.
Link – https://timesofindia.indiatimes.com/city/chandigarh/passports-of-60-truant-nris-suspended-for-deserting-wives/articleshow/65989732.cms Sci API
When Can the Passport Authority Impound an NRI Husband’s Passport?
Under Section 10(3) of the Passport Act, 1967, the Passport Authority may impound or revoke a passport if:
- A charge sheet has been filed underSection 85 of BNS earlier Section 498A IPC (cruelty by husband or relatives).
- The husband fails to appear before the Court despite summons or warrants in a criminal case.
- He has been convicted by a Court in India for an offence involving moral turpitude (punishable for over two years).
Once notified, the Passport Office can cancel or suspend his passport even while he resides overseas.
Also read:- https://nrilegalconsultants.in/impounding-of-passport/
Consequences of Passport Suspension
Suspension or impounding of an NRI husband’s passport has far-reaching effects:
- If he is in India: He cannot travel abroad until the Court clears the case.
- If he is abroad: His visa or residency becomes invalid from the day his passport is suspended, making him liable for deportation back to India.
This ensures the accused cannot hide behind foreign residency to escape trial in India.
Impounding vs. Seizure of Passport
| Action | Who Can Do It | Legal Basis | Purpose |
| Seizure | Police authorities | Section 102(1) CrPC | Temporary custody during investigation |
| Impounding | Passport Authority | Section 10(3) Passport Act, 1967 | Permanent cancellation/suspension |
Only the Passport Authority has the power to officially impound or revoke a passport as per the procedure established by law.
Steps to Get the Passport Impounded
- File a legally/factually sound Police Complaint under Section 85 of BNS earlier Section 498A IPC for cruelty or dowry harassment and provide relevant evidence to ensure the registration of an FIR.
- Police Investigation & Charge Sheet: The police will gather evidence and file a charge sheet before the Magistrate.
- Court Proceedings Begin: Once the charge sheet is accepted, the Court summons the accused husband.
- Non-appearance of Husband: If he refuses to appear, the Court can direct the Passport Authority to suspend his passport.
- Embassy & Foreign Authorities Notified: Indian missions abroad inform local authorities, making his stay illegaland triggering deportation.
- If He Is Still in India: Court can order to seize his passport and further police can also issue a Look Out Circular (LOC) to stop him from leaving the country.
Look Out Circular (LOC): Preventing Escape
A Look Out Circular is a notice issued at all immigration checkpoints to stop an accused person from leaving India.
It is usually issued when:
- The person is wanted by police or courts, and
- There is a risk of absconding abroad.
LOC is formally issued by the Bureau of Immigration (BoI) under the Ministry of Home Affairs, but it can be requested or initiated by authorized officers such as the Superintendent of Police (SP), District Magistrate (DM), or central investigating agencies like the CBI, ED, or NIAusually after an FIR, charge-sheet, or court order is in place.
Also read:- https://nrilegalconsultants.in/get-look-out-circular-revoked-or-cancelled/
Other Legal Remedies for Abandoned Wives
In addition to passport impounding, a deserted wife can:
- File for maintenance under Section 125 CrPC.
- Seek protection, residence, and compensation under the Protection of Women from Domestic Violence Act, 2005.
- File a Divorce Petition on grounds of cruelty or desertion.
- Approach the NRI Cell of the Ministry of External Affairs for cross-border case assistance.
- Request the Indian Embassy abroad to trace and report the husband’s local status.
Case Laws/Judgements
Vikas Garg v. State of Rajasthan
Link: https://indiankanoon.org/search/?formInput=passport+++impound+++498a+doctypes%3Ajudgments Indian Kanoon
In this case the Court recognised that where criminal proceedings are pending and there is material to show risk of absconding, the Passport Authority may be asked to impound the passport. The order emphasises the need for proper procedural steps before impoundment.
Balwinder Kaur v. Union of India
Link: https://www.casemine.com/judgement/in/56b4943a607dba348f009dbcCasemine
In this case the Hon’ble High Court examined the factual basis for impoundment and held the action valid on the specific facts (for example: concealment or misuse of passport). The judgment shows courts will uphold impoundment when the statutory grounds (like misuse or wrongful possession) are established.
Allahabad High Court (2024)
Administrative impounding must follow hearing; Court sent matter back for reconsideration.Allahabad HC set aside an impugned impoundment order because the Passport Officer had not given the petitioner an opportunity of hearing; the court directed the Passport Officer to reconsider after hearing the person. This decision underlines that procedural fairness is required even when impoundment is sought in matrimonial/criminal matters.
Hon’ble Supreme Court / High Courtshave emphasized the need of a cautious approach.
Several recent appellate rulings have cautioned against routine or unilateral impounding of passports solely because a spouse files multiple criminal/matrimonial cases. The Hon’ble Supreme Court has emphasised natural justice (opportunity to be heard) and that mere pendency of cases is not an automatic ground for impoundment. The Hon’ble Supreme Court and the Hon’ble High Courts have time and again said that “Husband’s passport cannot be impounded merely because wife filed many cases”
Link: https://www.verdictum.in/court-updates/supreme-court/abc-v-xyz-2025-insc-254-husband-passport-impounded-1568993 Verdictum
Courts have repeatedly held that passports can be impounded where there is prima facie evidence of misuse, concealment, or a real risk of absconding. However, courts have also cautioned that impoundment is not automatic merely because matrimonial complaints are pending: the Passport Authority must follow due process and give an opportunity to be heard. Sci API+2Casemine+2
Conclusion
No woman should be left helpless after being deceived by an NRI husband. Law in India stands firmly on the side of justice. Through the Passport Act, Criminal Procedure Code, and LOC mechanism, authorities ensure that offenders cannot misuse their NRI status to escape responsibility. If your NRI husband has abandoned you, seek help immediately. The law will stand with you and timely legal action can bring him back to face justice.
Author Bio:-
Adv. Hashandeep Singh Sidhu, (BTech MBA LL.B.), Advocate on Record (Punjab & Haryana High Court), NRI cross-border litigation.
FAQs
- Can I get my NRI husband’s passport cancelled if he abandons me?
Yes. If there is a criminal case pending under Section 85 of BNS (earlier Section 498A IPC) and/or any other Section/s of BNS and he fails to appear in court, the Passport Authority can suspend or cancel his passport under Section 10(3) of the Passport Act, 1967. - What happens if the NRI husband’s passport is suspended while he is abroad?
Once suspended, his stay abroad becomes illegal, and local immigration may initiate deportation proceedings. The Indian Embassy also alerts foreign authorities to take action. - Can I get a Look Out Circular (LOC) issued against my husband before he leaves India?
Yes. If you suspect your husband is about to leave India to avoid legal action, you can request the Superintendent of Police (SP) or District Magistrate to issue an LOC. - What is the difference between seizure and impounding of a passport?
Seizure: Temporary action by police during investigation (Section 102(1) CrPC). Impounding: Legal cancellation by Passport Authority (Section 10(3) Passport Act). - Can I file a case even if my NRI husband is not in India?
Yes. You can file a complaint and begin proceedings in India. Once a charge sheet and summons are issued, the authorities can move to impound his passport if he doesn’t comply with the court orders. - How long does it take to get an NRI husband’s passport suspended?
Timelines vary. Once the charge sheet is filed and the accused is untraceable, the Court can recommend impounding within a few weeks. Embassy coordination may take longer duration depending on the foreign jurisdiction. - What if the husband remarries abroad while the case is pending?
Such marriage is illegal under law; if the first marriage has not been legally dissolved. You can file a bigamy complaint under Section 82 BNS (earlier Section 494 IPC). - Is legal help available for women living abroad without travelling to India?
Yes. Women living abroad can seek legal help in India through a Special Power of Attorney (SPA) executed at the Indian Embassy or Consulate. Their lawyer or family member in India can then file complaints, attend court proceedings, and pursue legal remedies on their behalf without the need for them to travel to India. https://nrilegalconsultants.in/special-power-of-attorney-for-nris/