• 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 3 months ago in Family Law from Thane West, Maharashtra
Religion: Hindu
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
23386 Answers
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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
161 Answers
1 Consultations
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you should mention that wife has claimed maintenance from you 

it should not affect your visa 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
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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
161 Answers
1 Consultations
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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
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450 Consultations
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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
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128 Consultations
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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
14161 Answers
128 Consultations
5.0 on 5.0

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