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Shweta (Lawyer)     24 September 2021

Remedy to stop fleeing the country

There is a divorce proceedings going on between husband and wife. Infact wife also has filed a case of DV against the husband. She has got to know that in pretext of further education he is fleeing the country. What  remedy does the wife have in stopping the husband from flying.

Thanku

Regards  



 5 Replies

Shubham Bhardwaj (Practice)     24 September 2021

Dear Ms Shweta, If you have some evidence to show that the husband is fleeing the country, then file an Application under Order 38 Rule 1 CPC. The court can order husband to file Appearance Security and if the husband does not turn up, warrants for arrest can be issued by the court. Regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court, at Chandigarh Disclaimer:- Opinion is only for guidance.

Pradipta Nath (Advocate)     24 September 2021

Refer to section 10(3)(h) of the Passport Act.

Dr. J C Vashista (Advocate and Legal Consultant)     26 September 2021

The respondent /husband is not an accused / criminal where courts can / will issue restrainting order.

Shubham Bhardwaj (Practice)     26 September 2021

Dear Ms Shweta, I am again re-iterating my considered opinion so as to remove any confusion regarding the subject. It is true that a civil court does not ordinarily issue warrant for arrest of a Defendant. However that is not a bar on the powers of a court to issue arrest warrant if situation so requires. Order 38 and Order 21 CPC are prime examples of this. Order 38 specifically states that if a defendant, in order to avoid process of court or avoid decree being passed against him, is attempting to flee the country he can be asked to furnish security for appearance. Now let us assume defendant does not furnish security as required by court, then the court has the power to issue arrest warrant under Order 38 Rule 4 Code of Civil Procedure. Regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court, at Chandigarh Disclaimer:- Opinion is only for guidance.

P. Venu (Advocate)     26 September 2021

It is my considered opinion that it would be an overkill if the court is moved to prevent the defendant/respondent from proceeding overseas for pursuing higher studies. If the defendant/respondent fails to respond to the summons, the querist has the option to have the matter decided ex-parte.

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