Can you go abroad if you have civil case pending ?

149 votes

Yes, generally, having a pending civil case does not automatically prevent you from traveling abroad. Civil cases, unlike criminal cases, typically don't come with travel bans unless the court explicitly issues a travel restriction. In most instances, you can still apply for and renew your passport, and travel internationally without any issues.

However, there are exceptions. If the nature of the civil case is serious such as involving large financial disputes, fraud, or deceit the opposing party may request the court to restrict your travel to ensure you remain available for hearings or settlement. If the court grants such a motion, your name might be placed on an immigration watchlist, and you may be stopped at immigration or prevented from leaving the country. Also, if a Hold Departure Order (HDO) or court injunction is issued, you must comply with it until it is lifted or modified.

When it comes to visa applications, a pending civil case typically doesn't show up in background checks unless it?s tied to fraud or other serious legal issues. However, some embassies may consider ongoing legal matters as part of their discretionary assessment of your application, especially if they believe you're trying to evade legal responsibility.

LawRato LawRato

998 votes

You can travel, there is no bar on that and yes you can appoint a lawyer to represent you in your absence. your presence in court will be required during evidence stage which can now also be done through video conferencing for which you will have to pay court charges.

Advocate Sanat Tokas LawRato

900 votes

You are at liberty to freely travel unless the court has restrained you for doing so or if there is a direction in particular, for your Appearance-in-person for the hearings. In your case, you going to join a job overseas, in which case you my not return for a considerable duration of time, hence, it is only in your personal interest and in the interest of justice to seek for a permission from the Hon'ble court wherein they might require you to give an undertaking that you'll make yourself whenever required.

Advocate Mahima Singh LawRato

633 votes

Hi, Regarding your query, I entirely understand your concerns given the present state of the economy and with the already heightened visa entry restrictions in the United States, this new job would be of your utmost concern at the moment. I also understand that you would not want to jeopardize your career with your new employer. In view of the same, you should take relief in the following facts: 1) No. There is no restriction on your travel abroad, unless the Court has specifically injuncted you in the order As you mention this is a matter of contractual obligation unless the Plaint is seen and the relief which is sought it cannot be ascertained. However, in ordinary circumstances, you will have no trouble travelling abroad. 2) The fact is that the present case is a Civil Suit and not Criminal in nature. As a matter of procedure, in criminal matters, the Court orders for the appearance of the accused on each and every date unless cogent reasoning is provided as to their non-appearance In matters which are civil in nature, the only period where your presence would be required is at the time of deposition. However you should also be aware, that the procedural aspect of deposition is at a belated stage of the suit and would usually take around 2-3 years before the deposition actually takes place. You will not have to appear in the period in between. 2) Regardless, you should engage your lawyer and file an appropriate application highlighting the circumstances of your impending departure to the United States and any presence of yours would be effectuated through your pleader or an authorized representative on your behalf. 3) Ordinarily no, this would not prevent you from getting your job. However, since you do mention that its a matter of contractual obligation unless the ex-employee has accused you of theft of data, clients etc. it should not affect your job.

Advocate Anuj Nair LawRato

535 votes

That the dispute is civil litigation, you may engage a advocate and also execute Power of Attorney. 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. It is further clarified that in case the employer demand your presence the same may be objected by your lawyer.

Advocate Himanshu Pathak LawRato