Legal Question in Family Law in India
Can I leave India with a divorce pending in the Family Court?
Hi - my wife and I lived in USA for 6 months after marraige (marraige happened in Aug 2008), decided marraige is not working and moved back to India to get a divorce on mutual grounds.
Upon reaching here, she started making crazy demands for money (she wants something like 40L) which I do not have. So after arguments, she has filed a case for dissolution of marraige.
My attorney advised me to apply for ''Restitution of Conjugal rights'' to lessen the damage. I did the same. I now know that she is 100% not willing to come back and live with me.
Now my job in the USA is at risk and I want to make a trip there to work there for a few months.
M queestion - what risks do I have if I travel back to the USA for the job? Can she create any trouble for me?
Also, can I skip a couple of court dates saying that I am working in the USA?
4 Answers from Attorneys
Re: Can I leave India with a divorce pending in the Family Court?
leave india with prior permission of the Court and there will be no problem.
Re: Can I leave India with a divorce pending in the Family Court?
You may seek 'prior permission' of the court for going abroad.
Re: Can I leave India with a divorce pending in the Family Court?
The basic question is what do you want to do?
You have not clarified as to where and what proceedings are pending?
If only divorce proceedings are pending and she has filed a divore, why dont you give a divorce and go.
Re: Can I leave India with a divorce pending in the Family Court?
As per yuor information there is no risk unless there is any criminal case against you.
She can file a criminal case against you .
As per my suestion it is better if attend the in regular basis so that you can skip latter.
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