Law Querier (Service) 25 April 2012

Husband seeks to go foreign country

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?

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 25 April 2012

Dear Querist,

1. As the wife is contesting the case through POA, so can the husband.

2. There is nothing that could stop him from going abroad.

3. At the stage of evidence - testimony of both can be recorded through Video Conferencing also.

4. Fighting cases through POA is applicable in Family Courts, though the Courts have the overriding power to seek personal presence of parties as and when it requires. (There's a latest ruling as to that effect)

Feel free to talk!~