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Maneka Gandhi vs Union Of India on 25 January, 1978

3. The Court below while dismissing the said applications has referred to the judgment of the Hon'ble Apex Court in Maneka Gandhi Vs. Union of India and another1; judgment of High Court of Chhattisgarh in Abhishek Tiwari Vs. Union of India2 and also the judgment of the Allahabad High Court in Ravindra Nath Bhargav Vs. State of U.P.3 and referred to the provisions of Sections 5 and 6 (2) (f) of Passport Act, 1967. The Court below dismissed the said applications mainly on the ground that if the petitioner is permitted to leave the country, his possibility of returning to India is almost 1 (1978) 1 SCC 248 2 2019 Supreme Chattisgarh High Court 919 = MANU/CG/1116/2019 3 2019 (2) ACR 1196 2 impossible. The Court below felt that the petitioner is not a law abiding citizen and will not attend before the Court as and when required for the reason that the mother and sister, who were shown as A-2 and A-3, though residing in Viskhapatnam within the jurisdiction of the Court, the prosecution could not serve summons on them for the last two years. The Court below further observed that the endeavour of the Court is to see the possibility of spouses for reunion by way of conciliation, which is possible only when both parties are present and accordingly, the Court below did not find any merits in both the petitions and dismissed the same.
Supreme Court of India Cites 134 - Cited by 1982 - M H Beg - Full Document
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