puneeth 07 April 2016

Blocking return travel and anticipation of 498a,dv

Dear Lawyers

I have a situation and I need a suggestion.I have filed a divorce petition on my wife on the grounds of mental cruelty in 2015. So far there were two hearings on this matter.

I am currently working at UK and was not able to make it to the first two hearings. I am planning to attend the third hearing in coming days.

All of a sudden I heard a rumour through relatives that, she is preparing to file false 498A and DV on me on my arrival to India.

In such a situation i have the following doubts

1.Would i be able to return back to UK to resume my work ?

2.Will the court grant me permission to get back to UK ?

3. Is it good idea to postpone third hearing and prepare well for the third hearing. Currently I have limited time to plan a time off from the employer.

4. By postponing my appearance in the court will it give any advantage to the opponent ?

Appreciate your genuine response and opinion. Please advise how to deal this situation

Thanks in advance.

Regards

Puneeth

Reply Follow

6 Replies

Good Human (consultant) 07 April 2016

In case you get travel restrictions from trial court, you will have to file writ petition in HC to travel. Problem is time. Do you have atleast six months to stay in India without losing job?

Good Human (consultant) 07 April 2016

In case you get travel restrictions from trial court, you will have to file writ petition in HC to travel. Problem is time. Do you have atleast six months to stay in India without losing job?

puneeth 09 April 2016

When you have garland of 498a to welcome you to India, better have bouquet of anticipatory bail in hand before landing in India.

@Captain sir,

Thank you for your reply. I can take AB but will it again stop me from return travel ? Not sure whether opponent will so much power or provision in law to hold back my travel.

My only concern is i dont want to be held back at India and loose my job which is very important to my career. Only job is giving me peace in my turbulent times. So wanted to ask how i can save my job and yet fight over divorce considering being at UK

puneeth 09 April 2016

In case you get travel restrictions from trial court, you will have to file writ petition in HC to travel. Problem is time. Do you have atleast six months to stay in India without losing job?

@Good human Sir,

Thank you for your reply.

No my employer wont give me 6 months of time to sort my issue. At the max 1-2 months

Shekhar (Proprietor) 10 April 2016

Give power of attorney (POA), regarding your divorce case. Stay in UK. Do not reveal your travel plans to anybody. Come to India without sound. Do your work at India & get back to UK for work. If necessary get anticipatory bail from session court for all members of your family. Keep cool. All this activity with the help of trustworthy lawyer. Regards. Shekhar Bangalore +919731110296

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puneeth 10 April 2016

@Shekar sir,

Thank you for your reply.

My lawyer says that i cant give POA to anyone to fight remotely. What i heard is that I can only file divorce through POA and all other formalities which follows after filing should be taken up by me and expects my presence for hearings,court mediation and evidence presentation. Is that 100% true ?

I am not testing my lawyer's knowlegde through this forum rather trying to get some help from experts like you and prepare well.