I have already answered a similar question in detail (link given below). It can be said that while there is a general restriction on grant of a passport to a person facing a criminal case in India, passport can still be issued to such a person on the specific permission granted by the concerned court if he files an undertaking. This is the present legal position with regard to issuance of a passport to a person facing proceedings in a criminal case in a court in India. And, this legal position equally applies for a person who is accused of an offence under Section 498-A of IPC on a complaint filed by his wife. So, he can also get passport (or renew) subject to specific permission granted by the court before which such case is pending.
Please read my following article for more details: Can a person get passport during pendency of criminal case?
In this regard, please also see: Passport authority has no power to curb travel abroad of accused in criminal case, says Bombay High Court.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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