No court will not stop you from going abroad. You can travel and also contest the case
Filing divorce and moving abroad in 2 months
My wife has been torturing me for last 4.5 years mentally. Recently she called police and went to women cell for councelling. The police rejected her claim to violence as they saw my situation and my old mother. Women councillor is also going to close the case since my wife has not cooperated . I have proof of her trying to commit suicide , threaten me with false cases, shouting ate and my mother, mental illness for which i have shown her to private doctors for anger issues and witnesses that she does not cook or do household jobs. I want to file a case for divorce and move to nigeria for job in two months. I will assign my mother as Power of attorney to see the case . I dont want to tell this to my wife as she might again gile false cases. Is it the best way for me? Will the court stop me from going abroad or do i need to take permission ? If i stay herr and fight the case , i will not be able to work . The mental torture is too much. Please guide. I am in Kerala now and want to move to Lucknow ( where my marriage happened) and file a divorce case and leave india..
Asked 6 years ago in Family Law
Religion: Hindu
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11 Answers
You can very well file the proposed divorce case and also give power of attorney deed in favor of your mother to conduct and prosecute the case in your absence on your behalf.
You can travel abroad, there is no restriction for travelling abroad for the purpose of employment during the pendency of the divorce case.
However you may have to be present before the court to adduce evidence at the time of trial and for cross examination.
You are at liberty to go abroad for work purposes
2) you can file for divorce and execute POA in favour of your mother
3) however your personal presence would be required during trial
4) court would not restrain you from travelling abroad
Collate all relevant proofs against your wife as mentioned in your post.
You can file case against your wife for divorce for cruelty and file all supporting documents as discussed.
You can give POA to your mother to conduct the case on your behalf.
Court will not stop you from going abroad.
1. If you have the proof then you may file the petition.
2. In divorce petition neither petitioner nor respondent is required to appear personally in the court except at the time of evidence stage when they are to lead their evidence and undergo cross examination.
3. If she files FIR then apply for anticipatory bail.
At this point of time please don't ask for the permission of the court to go abroad but citing any other reason that you are away from the city you can take the power of attorney to look after this case of course you can file the divorce petition and go for the job as you have already provided power of attorney to your mother to look after this case it will finally work increase your wife files any other case against you and your family the police will take the investigation before taking any action in this regard please be aware that in case of family disputes it is open to both the parties to file as much as cases they wish to do so and police normally takes action only in case rare prima facie it is evident that the crime has been committed.
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Dear Sir,
Yes, you can file divorce case on the ground of mental cruelty of wife.
Yes, one can travel abroad generally it is specified by the court if the person can travel abroad while the case is pending in India. The court can also confiscate the passport if it does not want you to leave India while the case is still in process
Attempt to suicide is also an offense if she commits such offense in future then simple hand over her to the police and ask them to book a case. Even now on her threats of black mailings and your recordings police can book a case. Just threaten her through police.
I can completely understand the stress and trauma that you are undergoing. It appears that she is mentally upset over breaking up with you and feels emotionally insecure and vulnerable. At first, you should consider taking her for psychiatric treatment. At the same time, in order to protect yourself and your family I think you should consider filing a complaint with the local police authorities. You should also consider informing the State and the National Commission for Women that you are going through this. This preemptive action may protect you from suffering any harm in the future in case she takes any step
You have sufficient to proof to prove is her mental cruelty. Divorce cna be file through POA and may grant on above grounds.
Court will not interfere with your foreign visit. When matrimonial cases are going, permanent stay out of India not possible. She will certainly file false cases in which your presence will require to submit your innocence.
Well, whatever you are thinking - proceed to it.
Committing suicide is a crime. It is indeed your duty to prevent someone who is committing suicide in your presence. it amounts to cruelty against you and is a ground for you to take divorce from her. you can execute POA in favour of your mother. during divorce proceedings you can travel abroad.
See you can file divorce and can go abroad the court shall not accept you , further see you have to be there for the evidence stage.
See merely filing divorce case and leaving won't get you divorce you need to file proof of her cruelty before court to get the divorce.
Yes it is good way you should file divorce petition as soon as possible and leave for nigeria.
No court will not stop you from going abroad as it will be civil case and you are the petitioner.
But you may have to present in court at stage of petitioner evidence even if you give POA to your mother.
