My husband abandoned me in Srinagar and went abroad, can the state family court issue a lookout notice?
CH Asked by Charu Singhal from India
Quick Answer
The Family Court established under Jammu and Kashmir Rent Control Act 1966 at Srinagar can pass appropriate directions in a matrimonial proceeding, but a lookout notice or impounding of the passport is typically sought through the Jammu and Kashmir High Court or the central authority under the Passports Act.
Detailed Legal Analysis
The Family Court established under Jammu and Kashmir Rent Control Act 1966 at Srinagar can pass appropriate directions in a matrimonial proceeding, but a lookout notice or impounding of the passport is typically sought through the Jammu and Kashmir High Court or the central authority under the Passports Act. You should file a petition for restitution of conjugal rights or for maintenance in the Family Court and an application for impounding of the passport on the ground that your husband is evading the proceedings.
The Jammu and Kashmir High Court has held that the Passport Authority can impound a passport if the holder is likely to abscond to avoid matrimonial proceedings and that the Family Court can recommend such action under Jammu and Kashmir Rent Control Act 1966. The court may also direct the husband to furnish security or to appear through video conferencing to ensure continuity of the proceedings.
Keep the marriage certificate, the abandonment evidence, and the correspondence, as the court requires proof of the matrimonial relationship and the wilful evasion before issuing any restrictive direction.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.