Legal Question in Family Law in India
Me and my wife want to go for mutual consent divorce. She is Russian, having OCI. She is worried that after filing the application she won't be able to travel abroad (ideally we are planning to file the case , after which next day she can move to Russia).
The question is: will she able to freely leave the country the next few days after filing the application?
SECONDLY:
After six months period , when she comes for second hearing, will she again be able to travel back without any permission from the court?
Please provide professional and reliable opinion. Thanks
2 Answers from Attorneys
Dear client as divorce is civil case so there is no provision for sezing of passport. She can freely travel. For detail discussion call me
Adv prasad patil
9604349028
8446247807
Dear Sir
Pendency of any lis do not restrain a Litigant from travelling freely unless otherwise expressly Ordered by the Court.
Only in Criminal Case, the Court would restrain an Accused person, who is subject to bail-bond, to not travel or leave the country without the permission of Court.
Civil Cases do not enjoin such restrictions.
So, if you have preferred only Divorce Case, which is of a CIvil Nature, then, there is no restriction for her to move out of India. She can travel to Russia, back and forth pending the Divorce Petition .
So the answer to your Question is YES, after filing Divorce Petition, your wife travel to Russia, without Court Permission. However, this is subject to pendency of any other proceedings between you and your wife.
Please feel to contact me should you have any questions.
Vivek N Mapara
www.vnmlaws.com
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