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Advise for going abroad to study while court cases are running here
22-Oct-2025 (In Divorce Law)
Can i go for higher studies in abroad while I have filed court cases for 498, 12DV, 406 and 125 against my husband and in-laws. Status to these cases are: 498- chief statement done, cross-examination is going on; 12DV- non-bailable warrants issued for three accused but appealed in upper-court, decision pending from FTC; 406- Bailable warrants for three accused, approached HC for stay and mediation; 125- initial proceedings like filing and reply.
I am educated but not working, husband ws working.
Hi. Since in your case there are multiple cases at different stages, the question requires to be answered carefully and would need more details. You can call and discuss for a specific reply in your case.
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Adv. Vikas Sharma
Adv. Vikas Sharma
Allahabad | 25+ Answers
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Yes, you can pursue higher studies abroad, but since you are a complainant in multiple ongoing cases (498A, 12DV, 406, 125), you must inform the concerned courts and seek formal permission before leaving India. File an application under Section 317 CrPC or through your lawyer, requesting exemption from personal appearance during the trial due to your studies abroad. The court may allow representation through counsel.
Ensure your advocate keeps attending hearings and files updates regularly. Also, mention that your education abroad will not affect the proceedings and that you will appear whenever directed by the court. Once permission is granted, you can travel legally without any violation.
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Adv. Honey Pamnani
Adv. Honey Pamnani
Varanasi / Banaras | 25+ Answers
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yes you can go abroad though you have found so many cases I note bailable warrant meditation 125 crpc you are not working you have to show itr even opp party will have to file 125 do you have children husband wprking
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Adv. Spiti Sarkar
Adv. Spiti Sarkar
Greater Noida | 700+ Answers
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Dear Client,
You are legally permitted to pursue higher studies abroad even if your domestic cases are pending, provided that you take proper permission from the respective courts. Since proceedings under Sections 498, 406, 125 and DV Act are already in progress, you need to file an application before each concerned court seeking permission to travel abroad for educational purposes.
The court generally grants permission if your appearance is not immediately required and if you provide:
1. The details of your course, duration, and location abroad.
2. A written undertaking to appear through your advocate or personally when directed by the court.
3. An affidavit declaring your intent to continue cooperation with the trial and to appear as needed.
You may also request exemption from personal appearance under Section 205 of CrPC for non-essential hearing dates and authorise your counsel to represent you. Once the court grants permission, there will be no legal obstacle to your travel.
However, do not leave the country without prior permission, as it may result in adverse orders like issuance of warrants or cancellation of your case rights.
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Adv. Aishwarya Panday
Adv. Aishwarya Panday
Lucknow | 100+ Answers
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with so many Litigations it's advisable that you carry on study or job in India and not leave abroad your regular presence in these cases will make case contested as appearance is recorded by sign in the file , if you don't go court will not consider it as a contested case and opposite party may get benefit out of it
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Adv. Ravikant Mani Tripathi
Adv. Ravikant Mani Tripathi
Sultanpur | 25+ Answers
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