• My wife took permanent residency and left during legal proceeding

My wife took PR (Permanent Recidency) and left the country during legal proceedings files by her.


Deal All,

Please find below details of my cases filed against me by my wife :-

1) DV case in Metro Court, Ahmedabad, Gujarat
2) CRPC 125 in Family Court, Ahmedabad, Gujarat
3) Section 9 with HMA 24, Ahmedabad, Gujarat


1) In Domestic Violance, case advocate from her side has provided closing, and presently my lawyer is doing cross examinations, with witness summon of my wife's company's authorised HR department. Also I came to know that she took PR (Permanent Recidency) and left the country in between legal proceeding, and her lawyer and my father-in law are presently appearing during court hearings.

Company under which she is working, she provided PR documents to company, on single basis (means by showing unmarried) and at present she is in Canada. As far as I know her lawyer can apprear on her behalf in Domestic Violance act and proceedings can be continued. but can I take objection and ask court to appear in court for every hearning?

Her company provided documents that she is earning 75300 CAD (Canadian Dollars) per year CTS means 6275 Canadian Dollar per month, 
Whereas my CTS is 47000 INR (Indian Ruppes) per month

Please suggest and help through laws so that I can stop or dismiss this case because I am not able to go abroad by showing myself as single in canada and due to these proceedings

2) for section 125, from her side lawyer, closing has been provided and she provided power or attorney of her father and appearing in court.
For section 9, yet not proceeding started and cross examination of her and evidence stage are going to be executed, but they are taking dates only.

My question is, is power of attorney is maintanable during her family suits cases? as per Family Court, Gujarat?

Please let me know your feedback with supporting judgments, if you are aware of it.
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

1) personal presence of complainant is not necessary in DV cases when she is represented by her lawyer

2) wife would not be entitled to maintenance under section 125 cr pc as she earning decent salary in canada

3) POA can appear on your wife behalf in RCR filed by her under section 9 HMA

4) however wife presence would be necessary for leading evidence in the case

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

As far as I know her lawyer can apprear on her behalf in Domestic Violance act and proceedings can be continued. but can I take objection and ask court to appear in court for every hearning?

If there is a proper representation by her lawyer and by her power agent (father), then her appearance before court may not be essential.

Please suggest and help through laws so that I can stop or dismiss this case because I am not able to go abroad by showing myself as single in canada and due to these proceedings

If you are able to prove her salary income with substantial proofs then you may seek to repudiate her claim for maintenance.

My question is, is power of attorney is maintanable during her family suits cases? as per Family Court, Gujarat?

Yes, power agent can represent her during her absence, bit he cannot give evidence

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Personal presence of wife would be necessary during cross examination

1) POA does not have personal knowledge of the facts hence wife personal presence is necessary during trial to lead evidence

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

You cannot stop her from filing evidences before court.

If the evidences are not admissible the court will reject the same.

If you have any objection to such evidences you may record your objection in writing before court at that time itself.

Lawyer is right that she will be required to be present during cross examination.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

You canot file any criminal complaint agaisnt your wife for her cheating activity, you can send a representation to the concerned authorities or immigration department or the police who conducted the inquiry or the Canadian authorities about her fraudulent activity with documentary proof. She has not cheated you but she has cheated the government and its agencies hence the affected persons shall be he governmental agencies and not you hence you do not have any direct grievance on this.

Even if your father in law is conducting the execution petition case on her behalf, she has to be present before the court for deposing evidence.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Complain to Canadian embassy that your wife has obtained visa by misrepresentation

2) mention that she is duly married to you but in her visa application has mentioned that she is single

3) no case under section 406 IPC is made out

4) court would permit execution petition by FIL based on POA

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

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