TEJINDER GULATI Vs. RANJEETA KAUR GULATI

JUDGEMENT

(1.) In the present petition under Sec. 482 Crimial P.C. the petitioner seeks modification of the order dated 16.11.2010 whereby condition was imposed upon him not to travel abroad without prior permission of the Court. The petition is contested by the respondent.

(2.) I have heard the learned counsel for the parties and have examined the file. The petitioner is facing trial in a complaint case filed under Protection of Women from Domestic Violence Act, 2005 (In short 'DV Act') by the respondent. He is also involved in case FIR No.475/2012 registered under Sections 498A/406/34 Penal Code at PS Hari Nagar. The parties were married to each other on 08.12007. A child born out of this wedlock is in the custody of the respondent.

(3.) By an order dated 16.11.2010 while releasing the passport, the petitioner was directed not to leave Indian territory without prior permission of the Court. It was done so as the respondent had grave apprehension that the petitioner would leave India to reside permanently in Australia. The petitioner moved an application under Sec. 25 DV Act seeking alteration / modification / revocation of the order dated 16.11.2010. Dismissing it vide order dated 09.11.2011, it was observed that condition not to visit abroad was to protect the respondent's interest as admittedly the petitioner had Australian Permanent Residency visa. The petitioner challenged the orders in Crl.A.No. 30/2011; it resulted in dismissal by an order dated 30.01.2014. The Appellate Court was of the view that condition imposed upon the petitioner was a well reasonable condition considering the interest of the parties.