Response

You would have filed for contested divorce under Section 13A of the Hindu Marriage Act, 1955. Unless the court has restrained you from travelling abroad you are at liberty to travel. The mere filing of the case, without being coupled with a restraint order from the court, does not prevent the accused from going out of India.

One can travel abroad generally it is specified by the court if the person cannot travel abroad while the case is pending in India. It is a civil case and there arenÕt any such restrictions. You can sign the Vakalatnama and your lawyer would represent you in the court and you do not have to appear on every hearing. The personal presence is not essential unless the court order to that effect. Subject to order of court there is no restriction to travel abroad.

If there is no such order passed by the Court, therefore you may travel without any hesitation. You can even seek for a permission from the court wherein they might require you to give an undertaking that you’ll make yourself whenever required. However, if your wife files a fake case of dowry or domestic violence, it can be a problem. Thus, you shall seek permission from the court immediately.

Reference: Section 13A of the Hindu Marriage Act

202100153202100428209

LAWAYZ-2023-686