• Overseas travel

Is it illegal to travel overseas while I am pursuing a divorce case through court? Do I have to be present when a final judgement is made? Is my lawyer/legal representative able to be present and receive the judgement in my place:
Asked 4 months ago in Family Law
Religion: Christian

9 answers received in 1 day.

Lawyers are available now to answer your questions.

10 Answers

There is no bar to your travelling abroad  during pendency of divorce proceedings 

 

your POA holder can represent you in your absence 

 

it is advisable to remain present when court pronounces final judgment 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

No, it is not illegal to travel abroad when divorce proceedings are underway in India, unless your passport has been ordered to be impounded.

Swaminathan Neelakantan
Advocate, Coimbatore
1838 Answers
18 Consultations

4.9 on 5.0

Hi, in divorce case day to day presence is not required and even at the time Judgment. The day to day presence is not required, you can represent through your advocate is sufficient.

Pradeep Bharathipura
Advocate, Bangalore
5374 Answers
306 Consultations

4.5 on 5.0

It's not illegal to travel. But if your presence is required in court on the said date you should be present. If court exempts your presence on the said date then it's fine

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

Your presence in court is required during the trial. But there is no bar to travelling abroad during pendency of case.Your advocate and power of holder can manage the same if it is short visit 

Ajay N S
Advocate, Ernakulam
3975 Answers
91 Consultations

5.0 on 5.0

Dear client, 

No, it is not illegal to do so. Your lawyer can represent you. If you are required to be present in court, you can be present through video conferencing. 

Thank you. 

Anik Miu
Advocate, Bangalore
4377 Answers
45 Consultations

4.9 on 5.0

- You can legally travel overseas even there is divorce case is pending before the court 

- Further, your lawyer can pursue the case in your absence , however if evidence not closed then your presence is needed before the court for passing final judgment . 

Mohammed Shahzad
Advocate, Delhi
9473 Answers
107 Consultations

5.0 on 5.0

1. No. This is not a criminal case and there is no restriction in your intra-country as well as inter country travels.

 

2. If the examination in chief and cross examination  is over then the case can be handled by  your Advocate and you won't have to be present to receive the Judgement.

 

3. Your Advocate can collect the certified copy of the said Judgement.

Krishna Kishore Ganguly
Advocate, Kolkata
26470 Answers
726 Consultations

5.0 on 5.0

There is no restrictions on you to travel overseas during the pendency of the divorce case neither it is essential that you have to be physically present before court at the time of pronouncement of judgment. 

Yo can very well proceed. 

T Kalaiselvan
Advocate, Vellore
77366 Answers
1459 Consultations

5.0 on 5.0

It's not illegal at all. You can free to go anywhere you like. 

Your POA'S presence would suffice. Also, you can attend court hearing online.

Siddharth Jain
Advocate, New Delhi
5904 Answers
97 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer