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Dv case filed against husband who is leaving country how to settle


13-May-2023 (In Family Law)
My case is running from September 2015 but till date no improvement. Now my husband is going England or America , I don't know his time period. He even didn't tell me about that but talking to another person in front of me. So I want to Know that he may leave country without settle the court case ? Or what can I do for forcing him for sattlement as I have no problem if before leaving the country he sattle me and my two kids. Pls reply .
Answers (3)

Answer #1
991 votes
Hi
you can ask the court to impound the passport in case you are sure of his running away.
so if you have filed a DVC Case or a maintenance case, you can ask the court to impound the passport straight away till such time the case is decided.

Answer #2
806 votes
Initially file a petition before the court praying the court to direct your husband to surrender his passport then the matter starts and it might get settled. Mention proper reasons in your petition that you husband is leaving India . So get direction from the c9
Answer #3
892 votes
Hello,

It is not easy to prevent your husband from going abroad pending DV case as I presume no warrant of arrest pending against your husband. Please note that mere pending of DV case cannot restrain your husband from going abroad. As you want him to settle instantly, immediately file a police complaint of cruelty and dowry harassment and the police will register an FIR against him and he will definitely seek for anticipatory bail. Though anticipatory bail will be granted to him by the court, the court will grant the bail imposing a condition that he will not leave the country pending investigation and trial in the case and will prohibit him from going abroad. This way you can prevent him from going abroad and thereafter, you can put pressure on your husband to settle amount for yourself and your two kids. Only registering of criminal case against your husband can restrain your husband from leaving the country. Feel free to contact me if you need any further clarification.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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