HC directs Indian Consulate to issue fresh passport

The Madras High Court has directed the Indian Consulate at Atlanta, USA, to issue a fresh passport to one Srivatsan Pallavaram without taking note of a Look Out notice issued by police here against him in a matrimonial dispute so as to enable him to attend legal proceedings in different courts in Chennai, including the High Court.
A division bench comprising justices R Sudhakar and S Vaidyanathan was hearing a civil miscellaneous appeal filed by Srivatsan, an electrical engineer residing in the US, against the order of Principal Judge, Family Court at Chennai, directing payment of interim maintenance to his wife.

The court directed him to apply for a fresh passport at the Indian Consulate at Atlanta in the US state of Georgia so as to enable him to attend the proceedings before the High Court, Family Court as well as X-Metropolitan Magistrate Court for resolving the dispute amicably.
Srivatsan and his wife, a doctor, were living in the US after their marriage. However, after six months she returned to India. Upon a complaint from the wife, All Women Police Station at Thirumangalam registered a case under Dowry Prohibition Act against Srivatsan and his parents.
An interim bail was granted to the parents while Srivatsan had obtained anticipatory bail in the case.

As Srivatsan failed to appear before the court, a look-out notice was issued by the Deputy Commissioner of Police against which Srivatsan filed a petition in order to get it recalled, but that was also dismissed.

The counsel for Srivatsan submitted that because of the look-out notice, Srivatsan is unable to get his passport issued by the Indian Consulate at Atlanta to proceed to India.
The court, which passed the interim order on an appeal filed by Srivatsan, directed him to apply for a fresh passport at the Consulate, which was directed to consider the same and issue a fresh passport without taking note of the look-out notice.

The bench further directed Srivatsan to file an affidavit of undertaking with the Consulate that he will appear before the High Court and Family Court and Chief Metropolitan Magistrate Court at Egmore in Chennai.
It directed the Registry to communicate the order to the authorities concerned, including the Chief Immigration officer, and the External Affairs Ministry.
The ministry should communicate the order to the Consulate General of India-Atlanta by email or any other mode for processing the application for issuance of fresh passport, it said while posting the matter for further hearing to April 18.