• Can I go abroad?

Sir, I am professional classical singer. I am from Mumbai & am married for more than 5 years now. My wife has left our home & been staying at her parental home in Vadodara since last 1.5 yrs. 
She has filed 125CRPC case for Maintainance in Vadodara Court in Jan 2016
My question is, I have got an opportunity to Visit UK for classical program in October 2016. What should I do to grab that opportunity? Plz help.
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

1) you are at liberty to go abroad for work purposes

2) merely because maintenance case is pending against you does not debar you from travelling abroad

3) in case any court is hearing is fixed on those days your lawyer can appear on your behalf

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

Section 125 of CrPC that your wife has filed against you for granting maintenance in the court of magistrate does not debar you from getting a passport or visa to UK to attend the programme.

2. You May therefore apply to UK consulate enclosing the invitation of the program for the purpose.

Sushil Jha
Advocate, Patna
283 Answers
5 Consultations

5.0 on 5.0

you should mention that wife has claimed maintenance from you

it should not affect your visa

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

Yes , any material information if sought through visa application should not be misrepresented as that would amount to material misrepresentation and denial of Visa by consulate or debarment,

2. If any query is raised then you can explain your position to Visa Officer.

Good luck!

Sushil Jha
Advocate, Patna
283 Answers
5 Consultations

5.0 on 5.0

Of course you should 125 CrPC is not an offence.So not only you are free to travel but if you are asked whether you are facing trial for an offence then answer it in the negative.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

A maintenance case under section 125 cr.p.c. is almost a civil case hence there is no restriction to travel abroad during the pendency of the case before court.

You may inform your advocate to represent you during the absence in the court and can very well travel abroad and return for the court hearing.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

Thank you very much both of you for your valuable reply. Just a question, should I mention about the case in the Visa application form? If yes, will it affect my application?

You need not mention anything about the pendency of this case in your visa application.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

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