The Andhra Pradesh High Court in the case RK & others. v. State of A.P & ors observed and has permitted an elderly couple to travel to the US. The court in the case observed that the pendency of the criminal proceedings which are initiated against them shall not come in the way of renewal of their passports.
In the present case, couples are accused in relation to the matrimonial dispute of their son, under Section 498-A and Section 417 of the Indian Penal Code, 1860 as well as section 3 and section 4 of the Dowry Prohibition Act.
The bench headed by Justice Ninala Jayasurya in the case observed and has stated that the contentions raised by the respondent-wife that the couple is intending to travel abroad in order to perform second marriage of their son, who being her husband, and therefore the plea filed to travel may be rejected and the same cannot be appreciated by the said court.
The court stated that the petitioner No.1 contracts second marriage during the subsistence of the earlier marriage and therefore the 2nd respondent or the de facto complainant is being entitled to avail the relevant statutory remedies available.
The court in the case observed and has rejected the contentions raised by counsel that the was being planned in order to avoid their legal proceedings which are being pending against them.
Further, the court in the case observed that there are ways and means in order to secure the presence of the petitioners, if the legal proceeding are avoided which are initiated against them.
The bench of Justice Jayasurya in the case observed and has noted that Constitutional Bench of the Supreme Court in the case Maneka Gandhi vs. Union of India and Another observed and has categorically held that no person in the case can be deprived of his right to go to abroad, unless there being a law made by the State which prescribes the procedure for so depriving him and the depravation is effected strictly in accordance with such procedure.
The court further stated that this court is of the considered view that the petitioners cannot be deprived of their Right to Travel on the premise that the Criminal proceedings are pending against them.
The court stated that they shall file Affidavit of undertaking that as and when required by the said court or any other Court in connection with the Criminal proceedings which are initiated against them pursuant to the complaint lodged by the 2nd respondent dated November 11, 2020 and also the consequential proceedings, the petitioners in the case will appear without fail.
Accordingly, the court allowed the application.
The counsel, Kiran Kumar appeared for the petitioner.The counsel, K.V.S.S.Prabhakar Rao represented the
2nd Respondent.