Can go abroad for short term if dv is proceeding
Survivor
(Querist) 06 July 2012
This query is : Resolved
Hi Guys, One case of DV is proceeding against me from last an year, and this is the phase where the Court has asked to submit DV proofs from her side and will be proceeding further where later on I need to submit my counter on that. I am working in a software company and my company wants to send me Dubai for some project related work and this visit will be of 3 months. I just wanted to know if this is the current situation of a DV case so how can I go to abroad for these 3 months.
Raj Kumar Makkad
(Expert) 06 July 2012
As advised earlier, you can seek permission from the concerned court for the purpose of proceeding for abroad for a small period of 3 months. Generally such permission is granted by concerned courts. There shall not be any adverse impact over the case during that period even if you remain absent for such a small period.
Rajeev Kumar
(Expert) 07 July 2012
Yes you can go abroad with the prior permission of court for the period of 3 month so as the proceeding should not be hampered. Though it is upon the discretion of court generally court grant such permission if you remain absent in these period no adverse effect will cause on the procceeding
sibasish pattanayak
(Expert) 08 July 2012
Hi SURVIVOR,
As per your posting yhere is no order against you in regards with your attendence as well as your free movement to survive you, i failed to understand as to why you seek permission from the court concern? in DV case there is no need to appear before the Ld. court each and every dates of hearing.
being a practical Lawyer i wd like to suggest you ,
a)you go ahead to your destination, may be for 3 months or more, no bar.
b) no need to file any permission petition.
c) DV IS NOT AT ALL ANY CASE, IT IS MERE AN APPLICATION, NO NEED TO APPEAR EACH AND EVERY DAY OF HEARING.
LLASTLY PLEASE DO NOT FOLLOW ALL OPINION, SOME OPINION POSTED HERE ARE NOT AS PER LAW.
REGARDS,
SIBASISH PATTANAYAK , ADVOCATE,
sibasish_adv@yahoo.co.in
09874854594 /09477090999 /09231668664.
Survivor
(Querist) 10 July 2012
My only worry is if in between these 3 months Court ask mine presence for say any reason then how should I tackle that situation (because I flown without intimation), if I am going without prior notice to Court.
My second query is, currently Court has asked for proof submission from their (my wife) side and she submitted last week and later on I would need to submit mine counter on that and difference of 2 hearing are approx 7-10 days. So, I am expecting there would be my turn in approx next month. So, how can I escape this situation (is there any way that this can be postpone by 3 months).
Will it be recommended either to take permission or going without intimation to Court, if this is the situation of my case?
sibasish pattanayak
(Expert) 10 July 2012
hi,
if you intimate your location to the Ld. court then court shall allow you up to the reasonable time, no need to worry.
i dont know wherre your case is pending?
sibasish pattanayak, Advocate
