In dv petition, wife asked for a interim relief for not letting his husband to go abroad
false_case_victim
(Querist) 25 February 2012
This query is : Resolved
Wife quoted the husband's passport number in her DV petition and falsely stated that her husband is having US H1 visa and requested the court not allowing his husband to go abroad. The metropolitan court without any second thought or without enquiring anything directed the Airport authorities not to allow the husband to go out of india whose passport number is XXXXXXXX.
Now my friend-cum-relative (i.e., the husband) is getting chances to work in Singapore and UK for short terms say 3-5 months on behalf of his Software consultancy company for a project work.
Could you please advise how to proceed legally in this regard to go abroad for 3-5 months and come back after his project work?
Thanking You.
prabhakar singh
(Expert) 25 February 2012
Appear in court,state your circumstances by moving an application to set aside the order
and to allow you to go abroad.
Raj Kumar Makkad
(Expert) 25 February 2012
Get permission from the same court and if refused to file the appeal before the appellate court.
V R SHROFF
(Expert) 25 February 2012
Pray for exemption u/s 205, and pray for setting aside order, as no prejudice to wife, if he goes for work out of India.
Otherwise cause national loss of revenue, earning foreign exchange, production & employment loss, without any gain or advantages to wife.
DV Act s not punishable by imprisonment. it is quasi cri+civil in nature , have no provision to issue summon or warrant, and not necessary for Respondent to appear during trial. proceedings.
Criminal procedure do not apply .
so no necessary for Husband to be present in court, and it do not serve any purpose detaining him in India.
Husband undertake to appear before the Honb'ble Court within 6 months period.
If not granted, go for Appeal. u/s 29 dv act , 2005
Deepak Nair
(Expert) 25 February 2012
Move an application to the court to set aside the order stating relevant facts.
false_case_victim
(Querist) 25 February 2012
If the DV petition and the given interim relief is of couple of months back then also can we make an appeal for allowing the husband to go abroad?
Adv Aileen Marques
(Expert) 26 February 2012
Under Section 25 of the Act, modification of the Order is allowed. If you inform the court that you will come back on a particular date, the Court may agree and grant you permission.
J K Agrawal
(Expert) 26 February 2012
You may file a writ petition as the action of the Court is ultra virus and impeaching your fundamental right of life and liberty.
sibasish pattanayak
(Expert) 27 February 2012
HI HRITHIK,
IN YOUR CASE IT IS NOT CLEAR THAT AS TO WHY WIFE PRAYED FOR SUCH RELIEF ? IS IT ONE & ONLY RELIEF? IF NO WHAT ARE THE OTHER RELIEF , WHAT ARE THE ALLEGATIONS?
ANYway section 25 of P.W.D,V.ACT 2005 CLEARLY SUGGEST THAT BEING AGGRIEVED ANY PARTY MAY MOVE BEFORE THE SAME COURT TO ALTER/MODIFY THE INTERIM ORDER.
ON THE OTHER HAND YOU MAY MOVE AN APLICATION U/S. 29 BEFORE THE DIST JUDGE FOR STAY/SET ASIDE/ALTER/MODIFY THE SAME ORDER.
LASTLY YOU DIRECTLY APPROACH THE HONOURABLE HIGH COURT FOR QUASHING THE SAID ORDER, WITH A STAY APPLICATION.
I AM sure stay will allow, becoz court is not empowered to restrain a citizen from earning foreign money, see supreme court/ high courts judgements to that extend.COURT ONLY RESTRAIN fugitive criminal, not HUSBAND.
regards,
SIBASISH PATTANAYAK, ADVOCATE,CALCUTTA.
09874854594 /09477090999 /09231668664
sibasish pattanayak
(Expert) 27 February 2012
HRITIK,
you can consult MANEKA GANDHI CASE /A.K.GOPALAN CASE./ I.C.GOLAKNATH CASE./ SURESH NANDA VS. C.B.I. CASE.
YOUR PURPOSE SHALL SERVE.
another 4 / 5 cases can site.
regards,
sibasish pattanayak.
Advocate, kolkata.
09874854594 /09477090999 /09231668664.
