Divorce case & going abroad

This query is : Resolved 

Online (Querist)
26 July 2013

I am fighting a divorce case sec 13i (a) filed by me 3 yrs ago. Its in petitioner evidence stage, moving slow. Seeing the trends of Indian courts, there are bare minimum chances 2 get timely divorce from unwilling wife (add up appeal period also). MCD is nowhere in sight for yrs 2gather. Marriage is practically dead. Apart from this case, others are:
1) DV Act case, pending for complainant’s evidence in nxt date. IOs are in my favour already 2 yrs ago.
2) Child aged 10yrs is wid me. Wife has not demanded custody in any court, only fortnightly visitation allowed in DV interim.
3) She applied 498a+406 three yrs ago as retaliation weapon, but no FIR. She did not approach for 156 (3) etc till date.
4) I do not have im-movable property. Parents have it. Mother is co-accused in her DV case.
Now I want to settle abroad, leaving the mess back. Is it possible and advisable that I shift to some other country on study visa & then PR. If yes, how to implement it with minimum damage. Remember, that wife’s attitude still is to spoil my future life if I do not take her back.

adv. rajeev ( rajoo )Online (Expert)
26 July 2013

Your advocate could have pressed for the early hearing of the cases.

rajiv_lodhaOnline (Querist)
26 July 2013

Sorry, its not a matter of early hearing of cases, finishing those n then leaving.
1) Most of the advocates (both sides)+judges are happy with long dates in matrimonial cases
2) Even if boy pushes hard, contested divorce is next to impossible to take from unwilling wife. In theory u may cite sec 21B etc, but practically its truth.
So, my concern is about pros & cons of leaving the country in this situation........and how to make it possible with minimum damage

Nadeem QureshiOnline (Expert)
27 July 2013

go abroad, she can not do any thing wrong against you now. for best consult your lawyer

rajiv_lodhaOnline (Querist)
27 July 2013

Thanx Nadeem & other members!
Worrisome point is about my parents. Seeing them as sitting ducks in my absence, she may do some adventure in police/court.........that
a) they shud reveal where their son is?
b) she wil try to force living with them!

2nd concern is "whether I have 2 take anybody's permission to take my child along me abroad 2 settle sown"

ajay sethiOnline (Expert)
28 July 2013

you cant take your son abroad without court permission . your wife has visitation rights . if you try to go abroad with your son your wife will demand custody of child .

best option stay in india only if you want the custody of your child .

if you are prepared to give custody to your wife then inform the court and go abroad .

rajiv_lodhaOnline (Querist)
28 July 2013

Thanx dear!
She does not want custody at all. She has not demanded it in DV case, neither she has filed GWA in past 3 yrs.
Can DV case or any new case (she may file after she comes 2 know about my departure) harm my parents?

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