• Going abroad for work

Dear Sir/Madam,

   My wife has filed a false case of dowry under section 498a so as to take me away from my mother & younger brother . Both my brother & mother are dependent on me & my mom is heart patient too. She underwent angioplasty 3 years back & I dont know what will happen in near future to her .
  I dont have enough money so I am planning  to go abroad for work so that I can earn some money.
But at the same time my wife has also filed another one case under section -9 of IPC so that I should roam around court twice/thrice every month & get jobless.
I request you to suggest how to go abroad for work , I can come every 3 months to India for court proceedings.
Please let me know whwther my lawyer can appear before the court in my absence , for both the cases i.e, 498a & section-9.
Asked 6 months ago in Family Law from Bhilai, Chhattisgarh
Religion: Hindu
1) you have not mentioned what are the terms and conditions of your bail ?. has court imposed any restrictions on your travel abroad ?

2) since case under section 498A is pending you would need court permission to travel abroad for work purposes .
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
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Maneka Gandhi  v.  Union of India, (1978) 1 SCC 248 : AIR 1978 SC 597 : (1978) 2 SCR 621, a 7-Judge Constitution Bench of the Supreme Court had held that the right to go abroad is included within “personal liberty” guaranteed as a fundamental right under Article 21 of the Constitution and that this right can be taken away only in accordance with procedure established by law, and moreover, “procedure” mentioned in Article 21 cannot be arbitrary, unfair, oppressive or unreasonable.

2) apply to court where your case is pending for permission to travel abroad for work purposes 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Hi, The case is initial stage and the police has not at filed Charge Sheet so it will take another 6 months so better you can file an application in the Court for permanent exemption and also seek permission to travel abroad.

2. With the leave of the Court you can travel to abroad.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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Has the court restrained you from leaving India without its permission? If the answer to this question is in negative then you are free to go abroad. However, you shall be bound to appear personally in the court on every hearing, failing which the court may issue warrant to compel your appearance. Obtain exemption from personal appearance and then only he may go.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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Hi, Permanent Exemption is provided in law itself   and more over we can guide you how to proceed in the matter and it is not at possible to provide Citation to each and every person to whom we replied.

2. The service in the above cite restrict to guidance  and not more then that. This is for your kind information.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
The 498A case is a criminal case, whether there is a restriction to travel abroad or not, the accused is required to be present before the trial court on the dates of hearing until his presence has not been dispensed by a court of law.
On one or two occasions your advocate can file a petition to condone your absence but it cannot be a regular affair. So as proposed by you, your advocate can manage the situation during your absence  but you should keep your abroad plans very secret, if you want to take permission from court, you may not get it instead the court will put restrictions on your travel and even may ask you to produce your passport for court deposit.

As far as section 9 HMA is concerned since it is a civil case, you can authorise your relative to represent you in your absence by executing a GPA in his/her favor.
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
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please let me know the way how to go abroad for work if court trial is going on under section 498a & IPC section9

You cannot claim it as a right but can adopt some of the methods as suggested above or can consult your advocate on any other method he may suggest based on the prevailing situations.
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0

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