Marriage annulment
Manini
(Querist) 06 September 2017
This query is : Resolved
My husband filed annulment case... our counseling is in progress.. he is not willing to stay with me... we had been in living relationship for 5 years n then this year got married in temple.. he filed for section 12(1) c.
Can I give power of attorney n go for project work in Australia?
My lawyer is saying I cannot go.
Please help n guide.
Manini
(Querist) 06 September 2017
My husband filed annulment case... our counseling is in progress.. he is not willing to stay with me... we had been in living relationship for 5 years n then this year got married in temple.. he filed for section 12(1) c.
Can I give power of attorney n go for project work in Australia?
My lawyer is saying I cannot go.
Please help n guide.
Ms.Usha Kapoor
(Expert) 06 September 2017
Your ;LAWYER RIGHTLY SAYS YOU CANNOT GO ABROAD, except IN MUTUAL CONSENT DIVORCE IN CONTESTED DIVORCE OR annulment OF MARRIAGE ETC YOU CAN'T VALIDLY APPOINT a POA to represent you in court proceedings related to Annulment or divorce proceedings. Your presence is required in India. Till the disposal of case I'd advise you to follow your lawyer's advice.
P. Venu
(Expert) 06 September 2017
It is unconvincing that the husband is seeking divorce under Section 12(1)(c). Any how, the proceedings are are civil, not criminal. As such, there cannot any restriction in travelling abroad. However, plan your journey in such a manner that your absence would not adversely affect your interest in the case..
R.K Nanda
(Expert) 06 September 2017
take permission from concerned court to go abroad.
Adv. Yogen Kakade
(Expert) 07 September 2017
You can file an application before the court for the granting permission to go abroad and remain absent in the court proceedings and also mention that y9ou shall appear as and when it is required.
Dr J C Vashista
(Expert) 07 September 2017
I agree with experts, you may seek permission to go abroad, there is no legal problem.
Have faith in your lawyer or change him immediately.
Manini
(Querist) 07 September 2017
I asked few lawyers and they said I can go onsite.. yes my passport has husband name n status as married.. I didn't inform my organization or embassy. Please let me know what exactly I should do.
My husband allegation are baseless . He filed case because his family is not accepting me.. as per them I belong to lower caste and there community will boycott them.
