Justice MD Shah of the Gujarat high court has directed the trial court to return the passport of an NRI woman who faced charges of misappropriation.
Justice MD Shah of the Gujarat high court has directed the trial court to return the passport of an NRI woman who faced charges of misappropriation in a case filed by her daughter-in-law, a resident of Danilimda in the city.
Justice Shah has ordered the trial court to return her passport on the condition that she furnishes her address in USA and a detailed programme of her visit to that country.
The dispute arose after Sonal, the daughter-in-law of one Vimla and Ajit Patel returned to her maternal house in Danilimda. Sonal then lodged a complaint in the city against her in-laws, who were residing in the US alleging that they misappropriated her jewellery.
Sonal got married to the couple's son Jitendra in 1992. Vimla and Ajit were compelled to come to the city after a court issued warrants against them and later confiscated their property. The couple was later given bail on condition that they surrender their passports. However after a hearing, both were acquitted by a metropolitan court on July 13.
After they were acquitted, Vimla had submitted an application before the metropolitan magistrate court for the return of her passport as she wanted to visit her ailing mother in the US.
The magistrate rejected the said application stating that once a final order is passed, the question of passing another order to return the passport does not arise, as the court has no power to review its own order.
DM Ahuja, appearing on behalf of the Patels, submitted that, Vimla is a citizen of the US and that she would file an affidavit to the effect that she will return to India after a period of four months and as soon as she reaches India, if her presence is required in the court, she will be available.
Ahuja also submitted that Vimla would furnish before the trial court her residential address in the US and its proof.
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