Anshika Misra

She got married in 2007, but within a year of living in the United Arab Emirates (UAE), Malini (name changed) fled to her home in Mumbai. In April 2008, her husband, Dhavalshree Saraiya, flew down from UAE, where he lives, to purportedly reconcile differences with her and take her back with him.

However, on May 1, Saraiya and his parents were arrested by the Mira Road police after a complaint filed against them by Malini alleging dowry harassment, assault and intimidation.

Though the trio was granted bail on May 3, fearing that they may not return to face trial, the magistrate restrained them from leaving the country and asked the police to confiscate their passports.

Six months after being grounded, the Saraiyas have approached the Bombay High Court seeking to get back their passports and return to the UAE. Hearing the petition on Monday, Justice SB Mhase and Justice AA Sayed asked the police if the trial could be completed within 15 days.

When the petitioner's lawyer sought time to consult his clients, Justice Mhase asked, "Your clients sincerely want to return to UAE? Otherwise, they want to abscond." Assistant public prosecutor AS Gadkari told the court that the chargesheet has already been filed in the case on July 15. Adjourning the matter for a day, the court has directed the petitioners to remain present in court on Tuesday.

Saraiyas' petition states that a UAE residence permit becomes invalid if the bearer resides outside UAE for more than six months. In September, in an application filed by the Saraiyas, the Thane magistrate removed the condition that the trio could not leave the country. The state government, however, has field a revision application challenging the September order. The application is pending.

While withholding their passports may seem excessive, the state justified its move stating that if the trio refuse to come back and face trial then lengthy extradition proceedings will have to be initiated, or worse, the accused could leave UAE and abscond.
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