Husband seeks to go forein country though divorce case is pending

Law Querier (Querist) 25 April 2012 This query is : Resolved
Divorce case is pending in family court. Wife has entered divorce petition u/s. 13(1) (i a). She lives in foreign country and makes POA to her father to run the case. Husband contests the divorce case. Now, Husband has a good opportunity to make his career in foreign country. Que.1) Can Husband goes to foreign country on working visa or on permanent resident visa though his divorce case is pending in family court of India? Because it takes very long time to get solution from divorce case. Que.2) He has to take permission from court for foreign visa? Que.3) what legally punishment may possible if husband go without permit of court?

Follow Query

Report Abuse

Deepak Nair (Expert) 25 April 2012
In matrimonial cases permission of the court is not necessary to go abroad.

Raj Kumar Makkad (Expert) 25 April 2012
1, Yes, He can go as desired.

2. No.

3. No punishment because the pending case is not a criminal case. Maximum result is that the husband can be proceeded with ex-arte and thus his wife can get ex-parte divorce but there is no other punishment.

Law Querier (Querist) 26 April 2012
Can huaband go abroad if wife charge 498a or crpc 125 or any criminal case on husband?

Shonee Kapoor (Expert) 26 April 2012
In any case, unless the court has restrianed from leaving the counrty, any man is free to travel anywhere as long as he is attending court dates.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com