Raja Rishi v. Bureau Of Immigration

W.M.P.No.8103 of 2024 In W.P.No.11584 of 2023 N.ANAND VENKATESH,J.

This petition has been filed seeking to modify/ relax the conditions imposed by this Court in paragraph no.10 of the order passed in the writ petition on 02.08.2023.

2.When the writ petition was disposed of by this Court by order dated 02.08.2023, this Court permitted the petitioner to leave India for his avocation at USA. While doing so, some conditions were imposed. For proper appreciation, paragraph no.10 of the order is extracted hereunder:

"10. In the light of the above discussion, there shall be a direction to the petitioner to give a sworn affidavit before the third respondent by giving correct particulars as where he is going to stay and also the phone numbers for communicating with the petitioner. The petitioner shall also give his email-id to the third respondent. This will enable the third respondent to be in touch with the petitioner. It is further brought to the notice of this Court that the parents of the 1/4

petitioner are at Coimbatore and for any clarification, the third respondent can also enquire the parents if the petitioner is not able to be contacted. The second respondent shall immediately inform the first respondent to keep the lookout circular in abeyance. The petitioner shall not be stopped at any airport based on the lookout circular until further orders are passed by the Court. It is left open to the petitioner to leave to USA and to report to his employer. This Court is acting upon the undertaking affidavit filed by the petitioner and hence, the petitioner shall appear before the concerned Court as and when the proceedings commences."

3.This modification petition has been filed based on a subsequent development that has taken place in this case. The marriage between the petitioner and one Krshitha was dissolved by mutual consent in H.M.O.P.No.683 of 2023 through judgment dated 23.01.2024 by the Sub Court at Alandur. On going through the order, it is seen that both the parties decided to separate from each other since all their efforts for reunion and reconciliation failed. It is also seen from the order that all the articles have been exchanged 2/4

and there is no further claim for both the parties. That apart, a quash petition has also been filed to quash the FIR in Crime No.5 of 2021 on the ground of compromise and the dissolution of marriage by mutual consent.

4.In the light of the above development, this Court has no hesitation to relax the conditions imposed at paragraph no.10 of the order passed in the writ petition. Accordingly all the conditions imposed at paragraph no.10 of the order is hereby withdrawn. There shall be a direction to the third respondent to immediately take steps to withdraw the look out circular No.2021407269 which originated from the Superintendent of Police during the pendancy of the investigation in Crime No.5 of 2021, forthwith. 5.This W.M.P. is disposed of in the above terms. 27.03.2024 pri 3/4

N.ANAND VENKATESH,J.

pri W.M.P.No.8103 of 2024 In W.P.No.11584 of 2023 27.03.2024 4/4