Restrictions to travel abroad pending Civil suit

837 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

807 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

656 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

979 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

219 votes

In India, you can generally travel abroad even if you have a pending civil case. There are no specific restrictions imposed by law that prevent individuals from traveling abroad due to a civil case or appoint a lawyer to represent you in your absence. However, there are a few important points to consider:

1. Court Orders: If the court handling your civil case has issued any specific orders or injunctions related to your travel, you must abide by them. Failure to comply with court orders can lead to legal consequences.
2. Visa and Immigration: While a pending civil case may not directly affect your ability to obtain a visa or travel, it's essential to provide accurate information when applying for a visa. Any discrepancies or misrepresentations in your visa application can lead to visa denials or complications.
3. Consult Legal Counsel: It's advisable to consult with a qualified legal professional who can provide guidance specific to your case and jurisdiction. They can advise you on any travel-related restrictions imposed by the court and help you navigate the legal aspects of traveling with a pending civil case.

Advocate Chikirsha Mohanty LawRato

299 votes

Sanat Tokas, Advocate In India, it is possible to travel abroad despite a civil case that has been filed. No specific laws prohibit individuals from traveling overseas due to a civil lawsuit or appointing an attorney to represent them in your absence.

Advocate Chikirsha Mohanty LawRato