Legal Question in Civil Rights Law in India

Can I leave India while divorce case is ongoing?

My wife has filed for annulment of marriage on the grounds that marriage was not consummated because I am impotent. I have already proved through potency test that I am potent. This case is going on for 6 months now, without any conclusion.

In the meantime, my employer wants to send me abroad on deportation for 1.5 years.

Can I leave India while the divorce case is going on? I would prefer not to tell the court because I am afraid they would curtail my travel plan. Any suggestions.


Asked on 5/17/09, 12:46 pm

3 Answers from Attorneys
KAMAL GROVER

Re: Can I leave India while divorce case is ongoing?

you have to tell the court else your bailaible warrants could be issued and in that case your job could be affected. You can get permanent exemption from the High court.

For more enquiry plz contact

Regards

[email protected]

Mobile: 09814110005

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Answered on 5/20/09, 10:19 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Can I leave India while divorce case is ongoing?

You have not mentioned the stage of the case. In any case, at the worst, if you or your lawyer do not attend proceedings, the court may accept your wife's petition and grant her ex parte decree.

You may continue with your travel plan by leaving appropriate instructions with your lawyer.

However, in a situation like this, one may better follow the advice of concerned lawyer conducting the case.

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Answered on 5/18/09, 4:52 am
SHAILESH JAIN Advocate JAIN ASSOCIATES.(ADVOCATES)

Re: Can I leave India while divorce case is ongoing?

You can file exemption application u/s 205 of CRPC through your Advocate till Trial Start otherwise you can take the permission of the Court for going abroad.

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Answered on 5/18/09, 1:01 pm


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