• Regarding Visa

My wife left me and my 6 years old son.I have purchased a plot 303 sqr meter in her name in Himachal and all the payments are made by me through bank to purchase that land as she is house wife and no source of income. Now she wants to sell it and want to go abroad.She had made her passport. She is trying for visa.Can I stop her for going abroad.Is she reguired any concent from me for getting visa.what can I do in this matter.I don't want to go for divorce.
Asked 3 months ago in Family Law from Dalhousie, Himachal Pradesh
Religion: Hindu

your consent is necessary to obtain visa for child 

 

2) file petition for RCR and seek joint custody of child 

 

3) injunction restraining her from taking child abroad without your consent 

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

For her VISA, your consent negligible.And person who contributes in purchase owns actual title. Against sale you can obtain court injunction and declaration of ownership.

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

file petition for RCR , seek joint custody of your son

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

you cannot restrain your wife from going abroad . she does not need your consent 

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Yes she can but you can file a suit to declare such sale deed if you can. But you have to show that you have given the all considerations for the purchase and your wife has contributed nothing as she didn't had any source of income at the time of purchase of property or she anyway hadn't given a penny for the purpose.

Mohammed Mujeeb
Advocate, Hyderabad
10125 Answers
3 Consultations

4.5 on 5.0

nobody can stop her to avail her fundamental rights.

Mohammed Mujeeb
Advocate, Hyderabad
10125 Answers
3 Consultations

4.5 on 5.0

You can file a suit for declaration and injunction against herin order to be declared as the sole owner of the property on the grounds of the entire consideration  paid by you and also to restrain your wife to create any third party interest on the property.

 

Siddharth Jain
Advocate, New Delhi
4720 Answers
52 Consultations

5.0 on 5.0

1. You can not stop your wife from visiting any plane in India or in abroad nor you can stop her from getting visa.

2. However to get visa for your child , she consent of yours and at that time you can decide whether to grant permission or not.

3. Or in the meantime you can file a custody suit for the child and seek injunction against his taking to abroad without our permission. 

Devajyoti Barman
Advocate, Kolkata
17780 Answers
251 Consultations

5.0 on 5.0

Your wife does not need your consent for her visa application. You cannot do anything to stop her from going abroad but you can stop her from selling the property.

Siddharth Jain
Advocate, New Delhi
4720 Answers
52 Consultations

5.0 on 5.0

If there is any criminal case pending against her and she hasn't disclose them in her visa application, you can can write a letter to the concerned embassy informing them about the same and she would be blacklisted.

Siddharth Jain
Advocate, New Delhi
4720 Answers
52 Consultations

5.0 on 5.0

No consent from you is required for the visa y

, File a declaration suit showing that you have made complete payments and seek stay on the sale of the property.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

File declaration suit before the court and seek stay on sale of land you cannot do anything to stop her from.going abroad as such.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

Once there is stay see might not sale and go.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

File restitution of conjugal right application in family court.

 

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

Dear Sir,

- Legally you can not stop her taking Visa but through other remedies you can try to make it lengthy for her.

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
498 Answers
3 Consultations

5.0 on 5.0

You can file a suit for taking injunction on sale of the said flat. You can file restitution of conjugal rights to get her back. You can also file case for custody of your child. 

Prashant Nayak
Advocate, Mumbai
12732 Answers
22 Consultations

4.6 on 5.0

1. You cannot stop her from going abroad as she is not a criminal with a LOC standing against her. She is free to go wherever she wants.

2. She does not require your consent to obtain visa. 

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

file a suit for granting an injunction on sale, transfer, alienate of the said property so that she cannot sale it.

file a case of taking custody of your child and also file an application to prohibit her to go abroad with the child,

 

Suneel Moudgil
Advocate, Panipat
1134 Answers
1 Consultation

4.3 on 5.0

Dear sir,

You can't stop that from going anywhere. 

Ravinder Mehra
Advocate, Rohtak
22 Answers

Not rated

Hello, 

You may file a suit for injunction thereupon stopping her from selling the plot. 

Write to the concerned embassy thereupon raising your objection for issuance of the visa. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

Get in touch with a local advocate who may help you in filign a suit for injunction 

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

The blunder mistake what you have done like other anxious people is to buy the property on her name.

Since the property had been purchased on her name, she becomes the absolute owner hence she has full rights to sell the proeprty.

Also just because you are her husband you are not conferred with the powers or rights to stop her from traveling abroad or to get visa to a foreign country.

She do not have to have your permission or consent to travel to abroad.

 

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

Since she has already sold the property  you cannot do anything about it.

However if she is yet to sell the property, you may file an injunction suit restraining her from alienating the proeprty or encumbering the same in any manner till the disposal of suit for the reasons you may rely upon.

No doubt the case may not be maintainable but it can rattle the subject matter to some extent that she may hesitate to initiate further steps of her proposed sale of property.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

You cannot stop her from getting visa.

There is no provision in law for a husband to have any rights or powers to stop  his wife from getting a visa.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

Dear Client 

First of all you should file a declaration suit over that land to get stay on sale from court till the case is disposed by this way you can stop the sale of land. 

For this case you should show by statement of your account that you have make the payment for purchasing the plot. 

Your wife doesn't need your Consent to get visa. 

But you should file a suit for Restitution of conjugal rights under section 9 of HMA for ordering your wife to rejoin you and your son. 

You can also file a police complaint against your wife of fraud done by you so that she won't be able to get visa due to Negative Police Verification Report. 

Mohit Kapoor
Advocate, Rohtak
3442 Answers
1 Consultation

5.0 on 5.0

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