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The Supreme Court has stated that a High Court is empowered to pass appropriate orders including the surrender of passport to make sure the presence of the parties in the contempt proceedings.
A civil suit was filed before the High Court seeking possession of the property mentioned in the suit and also requested the court for a permanent injunction. The Judge gave an interim injunction restraining the defendants from selling, alienating or creating any third party rights in the suit property. Alleging disobedience of the injunction order by the defendants, the plaintiff filed an application under Order XXXIX Rule 2A CPC read with Sections 10 and 12 of the Contempt of Courts Act for breach of injunction order. Observing that the defendant has failed to comply with his undertakings/statements, the single judge directed the defendant to deposit his passport and made an order restraining him from leaving India. This order was later set aside by the division bench.
In appeal, the Apex Court bench comprising of Justices R.Banumati and AS Bopanna observed that the division bench proceeded as if the single judge order impounding of the passport, whereas, the single judge has only directed the defendant to deposit his passport in the court. Setting aside the division bench order, the bench said:
Since repeated undertakings were filed and the same were not complied with, learned single judge directed respondent no.1 to surrender his passport. The said order was passed with the purpose to confirm the presence of the first respondent and to ensure compliance of the order of the court. It will be wrong to state that the learned single judge exceeded the jurisdiction or committed an error in ordering surrender of the passport. For the purpose of ensuring the presence of the parties in the contempt proceedings, the court is empowered to pass appropriate orders including the surrender of passport. While dealing with child custody matter, in David Jude vs. Hannah Grace, the Supreme Court directed Union of India to cancel the passport of contemnor no.1 with the child in India and to ensure her appearance before the court on the date of hearing.
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