• Can I move abroad for work without my husband's permission

Hello sir I will move out of my home to live saperate from my husband n son.i want to live saperate and want to move abroad for work.kindly advice me how to deal as my husband doesn't know I will go abroad and if he comes to know about my going to abroad will he object or case against me? Will my visa be cancelled after he knows ..please let me know.
Asked 5 years ago in Family Law
Religion: Sikh

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19 Answers

You are at liberty to go abroad without your husband permission 

 

your visa would not be cancelled 

 

even if husband files petition for RCR or divorce you can still go abroad for work purposes 

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

1 Even during the subsistence of marriage a spouse can any time live separate;y from another for which no permission from court is required.

2. Now unless the visa from the particular country where you intend to visit requires consent of your husband you ca take your child to abroad which is no crime nor any case can be filed.

3 However your husband being the biological father of the child has got right for visitation for which you will have to give him access to spend time with your husband.

4. For this reason you visa is not going to be affected in any manner.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

Hi,

You have not mentioned as to why and how you wish to live away from your husband or son. It is also not clear as to how would apply for visa without his consent. It is also informed or you are also aware that life is based in uncertainties and you are suggested to do everything as permitted in law and do not attract any legal provisions against you. It is expected that your husband may file case for restitution of conjugal right or other cases depending on his mind or situations and you are suggested to deal and face all the challenges boldly. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Wife is not chattel of husband and you are free to pursue your life as you want. Women cannot be forced to live against her choice even after marriage. No case neither visa will effect.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

He cannot restrain you from working anywhere and has no legal right to keep you in his house without your permission.

Although your marital life would suffer and he could divorce you for not living with him and deserting him.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Yes, he can file a case against you in case he comes to know about this move of yours. 

Your visa will not get cancelled automatically, but he has the option to file a petition for restitution of conjugal rights against you. Better that you discuss the matter with him and go abroad to work after taking him into confidence. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Your husband cannot do anything if you travel abroad as you do not need any consent or permission from him.

Your visa would not be cancelled after he knows.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

nothing to worry,

just move,

you need not take permission from anybody, including your husband, to go abroad for work purpose,

VISA won't be canceled,

Good Luck 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Yes he will file restitution case against you and will bring false allegation against you

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Hello Ma'am,

Please be advised as follows:

I suggest you to inform your husband and other family members and carve out a middle path for  going abroad. Leaving without informing can be detrimental to your interest which may build up a case for your husband to file a divorce against you alleging desertion for leaving marital home and if not returned within 2 years from the day  when your husbands files a divorce petition In addition to this the custody of your son can also come in dispute if you leave husband in such circumstances.

It is pertinent to that your act would fall under the ambit of desertion since "desertion" as per explanation given under Section 13 (1-A)  means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the willful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expression shall be construed accordingly.

So it is advisable for you to consult your husband any only then leave for abroad.

Thank you for your time and consideration.

Harshit Singh Jadoun
Advocate, Noida
68 Answers
2 Consultations

5.0 on 5.0

1. As per law, you are an indpendent citizen of India and is not required to take any approval; from anybody, including your husband, to go abroad.

 

2. So, your husband can bring no charge and/or accusation on you legally for your goingf abraod without his approval or knowledge.

 

3. However, in a matrimonial relationship. it is obviopusly expected that wife will inform her husband while going out of the Country which is not being done in the instant case.

 

4. So, your husband might file a divorce suit against you on the ground of cruelty for yoyr leaving the Country without his knowqledge.

 

5. Under no circumstances, your Visa cxan be cancelled on account of your moving abroad without the consent or knowledge of your husband.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

You are an adult and even if you are married and have child no one can stop you in if you want to move abroad.

There is no restrictions on visa as such.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Dear Madam,

There is no crime in moving abroad without husband's knowledge. But he can definitely bring a suit for restitution of conjugal rights and you have to answer accordingly

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

It is absolutely your right to work  whether in India or abroad. You can inform  to our husband about the opportunity you got to work at abroad as a courtesy sake, you dont have to be worried about his objections, because he has no rights to object to your travelling abroad  or work at abroad. 

If he wants to file divorce case on that grounds he may not be successful because that is not a legally valid ground to seek divorce.

Neither he has any right to stop you from taking an assignment at abroad. 

He may object to you taking the child abroad.

You can inform and go ther cannot be any problem, at least legally, in this regard.

 

 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Yes you can move.  You don't require husband permission under law.  But it's good if you take him in confidence

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

Certainl, there is no rule which binds a women to travel only in consent of her Husband. However, a valid passport with updated details is mandatory and also securing a visa for the coubtry. This is where the twist in tale comes.

Securing visa can become cumbersome at times because certain countries will require a NOC or undertaking to be submitted with other required documents.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear madam 

I don't think there is any problem in travelling abroad without permission of husband as it is your right to live as you want and no one can stop you from that as you are an adult and knows what is better for you. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

See husband cannot stop you from going abroad and cannot object visa he can at maximum file a RCR petition that cannot hamper visa.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Querist

there is no requirement for his permission, it is your life and if you have not committed any thing wrong than he can not take any legal action against you. travelling abroad is your fundamental right and nobody can restrain you for travelling abroad.

go ahead and live your life as per your choice.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

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