Court Rules DVC Proceedings Are Civil, Not Grounds for Passport Denial
In a significant ruling, the Madras High Court has quashed an order by the Regional Passport Office that required R. Ramaswamy to surrender his passport due to an ongoing domestic violence case initiated by his spouse. The decision, delivered by Justice V. Lakshminarayanan, clarifies that proceedings under the Protection of Women From Domestic Violence Act, 2005, are civil in nature until they reach the stage of Section 31, and thus, do not warrant the denial of a passport.
The petitioner, R. Ramaswamy, who is engaged in ongoing legal proceedings with his spouse at the Family Court in Coimbatore, challenged the order citing its potential to severely hamper his plans to pursue a post-doctoral fellowship abroad. Ramaswamy argued that the domestic violence case, DVC.No.201 of 2025, was unjustly treated as a criminal proceeding by the passport authorities, leading to the undue revocation of his travel document.
The court, after reviewing the submissions and records, emphasized that the power to revoke a passport is primarily intended to ensure a passport holder's appearance in court when facing criminal charges. However, as the domestic violence proceedings in question are of a civil nature, the court found no justification for the denial of Ramaswamy's right to travel abroad. Consequently, the court set aside the impugned order dated August 5, 2026, from the Regional Passport Office.
This ruling highlights the court's stance that civil proceedings, such as those under the Domestic Violence Act, should not impede an individual's right to travel, thereby setting a precedent in cases where similar circumstances may arise. The writ petition was allowed without any costs.
Bottom Line :
Proceedings under the Domestic Violence Act, 2005, till they arrive at the stage of Section 31, are of a civil nature and not criminal. A spouse cannot be denied the right to travel abroad solely on the ground of a pending Domestic Violence Case.
Statutory provision(s): Protection of Women From Domestic Violence Act, 2005, Section 31; Passport Act, 1967.
R. Ramaswamy v. Regional Passport Office, (Madras) : Law Finder Doc id # 2966511
