You would not be apprehended by immigration officials
2)produce copy of certified copy of order passed by HC before the authorities
3) you can file for divorce if there is no possibility of reconciliation
Regarding divorece
Hi I am currently in New Zealand at the moment from the last3 yrs. I came here after I got married & had a marital dispute with my wife when I was in India We used to have a lot of fights & she used to misbehave with my parents & she also called the police one night after we had a fight over petty issues I decided to come overseas leaving her behind as she did sign a immigration form which says she has no objection to it. But after I moved overseas she started to file complaints againt me in the court & also got my employers details & tried contacting them & complained against me but all in vein She has lodged formal complaint against me in the court under section 498a/323/341/420/120b/504/506/34 IPC The court issued Sec 82,83 CRPC against my name as I didnt turn up on my hearings as I was overseas. My lawyer has quashed Sec82,83 CRPC in the high court stating that I have not received the notices He has also got me an interim order of anticipatory bail by the high court on the condition that if the police catches me before the court date I shall be released on bail provisionally on furnishing bail bond of Rs 25000.00 & 2 sureties under sec 438(2) of the code of criminal procedure My lawyer has asked me to come back for the hearing to get a bail & also has asked me to apply for divorce in my local state delhi as my wife is from jamshedpur & I got interim bail from ranchi high court My question is 1) Would I be apprehended by the immigration officials at the airport when I arrive if yes If my parents submit the copy of the order issued by the high court to the local police station & at the mahila thana where my wife has lodged a complaint would that help 2)If the court grants me bail would there be any travel restrictions or can I plea to the court to mention it that I reside overseas & work there therefore they can let me travel freely without any restricions. 3)Should I file for divorce
Asked 6 years ago in Family Law
Religion: Hindu
14 Answers
1.Only if loc is issued against you then you will be apprehended.
2. No you will be able to travel with permission of Court
3. Yes you can
1.Based on the lookout notice, if immigration officials apprehend you and if your parents' show a copy of the High Court order, then immigration officials will not apprehend you.
2. If you impress upon the court that you reside in a foreign country, then the court may consider your view and may not impose any restrictions on your movement.
3. If you are filing for divorce, go for Mutual Consent Divorce.
Convince your spouse to agree for Mutual Consent Divorce. Better to opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by your parents and relatives etc.
4. In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.
5.The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.
6. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.
1. No, Since you have already get aniticipatory bail from the High Court , hence no need of worry.
2. It depend on the discretion of the Court.
- Since, you are coming for the compliance of the High court order, then the court will not restrict you to travel abroad.
3. If, you will fie a divorce petition then ,it will take long time , however you can file your case through your POA in India as well.
- Try to settle the matter in dispute , and convince her for a mutual divorce.
If you have an anticipatory bail order then tgey canot arrest you till tge next date. Keep a certified copy of the order with you when coming to India.
If theings have come to such a pass and she is not worth living with then file for divorce.
You can go abroad but you have to be present at all hearings.
Regards
Yes courg order will help you out for non arrest even though court grant you bail you cannot travel out and have to be within the limit of the city itself and you cannot file for divorce as so many proceedings are pending !!
if hc grants then You would not be apprehended.
Lookout Circular (LOC ) is an order to nab any declared culprit, if loc is not cancelled then immigration officer can arrest you.
you should apply to the court and seek its permission before travelling abroad.
you can file divorce .
Hello,
When high court has allowed you the bail you should have no difficulty. File a divorce suit at the earliest.
Regards
1. Since you have obtained the anticipatory bail it is obligatory upon you to complete the same by surrendering before the Magistrate and obtain regular bail. Unless and until you do this you can not make foreign travel nf if you this would be a ground for cancellation of bail. However once you get regular bail as stated above you can not be apprehended by anyone nor would be stopped from making foreign travel.
2. same as above.
3. Yes you can and your divorce suit has no nexus on the merit or outcome of your 498A case.
- First step must be to file bail petition on priority however be aware that it is discretion of court whether to allow you to travel overseas or not.
- Second step could be divorce on ground of cruelty under HMA .
Regards
Vivek Arya
1. Since you have been granted bail, you may not be arrested in the airport by the police and also since ther is no look out circular against your name, you may not be worried on that count also.
2. During the pendency of a criminal case against you there may be restrictions fro traveling abroad.
3. You can decide about filing divorce if the situation is intolerable.
1. See if there is LOC agaisnt you , you may be arrested at airport though by furnishing bond you can get bail from police.
2. Court may impose travel restriction though you can apply for modification of order and can seek permission to travel abroad for work.
3. Yes if you don't want to continue with your wife.
No you will not be apprehended by immigration officer because you are on anticipatory bail from high court.
Yes court can put condition for your overseas travel.
Yes you should file divorce petition to get rid from this dead relationship.
1. There's very less possibility that you would he arrested at the airport as the Proclamation order has been set aside by the High Court. Even if you're arrested, the orders of the High Court would be considered and you would be released on bail. Make sure you carry the certified copies of the said order.
2. Court rarely places restriction of overseas travel in case of matrimonial disputes. You might require you to seek their permission before travelling overseas, if there are other pending cases against you.
3. If you don't want to continue with her, you should file for divorce on grounds of cruelty which is a valid ground for divorce under Section 13 of the Hindu Marriage Act. Filing on false criminal cases against husband and his family members amounts to grave cruelty upon the husband and is a valid ground for divorce
