LEENA RAKESH Vs. BUREAU OF IMMIGRATION

JUDGEMENT

(1.) Petitioner is before this Court under Article 226 of the Constitution of India, praying for a writ of mandamus or appropriate writ or direction, declaring that the actions of the respondents in issuing an endorsement of cancellation on the passport of the petitioner by respondent No. 2 and not permitting the petitioner to travel from Bengaluru to Philippines as highly arbitrary, illegal and without authority of law; for a writ of mandamus or any other appropriate writ or direction, declaring that the actions of respondent Nos. 1 and 2 in preventing the petitioner from traveling out of Country on work as highly arbitrary, illegal and violation of Articles 14, 19 and 21 of the Constitution of India.

(2.) Heard learned Senior Counsel Sri. Shashikiran Shetty for Smt. Latha S. Shetty, learned counsel for the petitioner; learned Assistant Solicitor General Sri. Shanthi Bhushan for respondent Nos. 1 and 2 and Sri. Parashuram, learned counsel for respondent No. 3.

(3.) Learned Senior counsel for the petitioner would submit that petitioner along with her husband had obtained loan from the 3rd respondent-Bank on 19/12/2014. The property which is offered as security to the loan obtained by them stands in joint name of the petitioner as well as her husband Mr. Rakesh Kumar. It is submitted that the petitioner and her husband are due in a sum of Rs.66,11,868.00 as on 13/6/2022. It is also submitted that the petitioner and her husband had not paid the installments from September 2019 to the 3rd respondent-Bank. The reason for not repaying the loan is that, due to differences between the petitioner and her husband, they are before the Family Court in M.C. No. 5079/2019 praying for a judgment and decree to dissolve their marriage.