After filing divorce petition can wife leave the country


Me and my wife want to go for mutual consent divorce. She is Russian, having OCI. She is worried that after filing the application she won't be able to travel abroad (ideally we are planning to file the case , after which next day she can move to Russia). the question is: will she able to freely leave the country the next few days after filing the application? SECONDLY: After six months period , when she comes for second hearing, will she again be able to travel back without any permission from the court? Please provide professional and reliable opinion. Thanks

Answers (6)


212 votes

Dear Queriest,

There is no impediment or problem in travel of your wife to Russia or to any other country in the world since the Divorce Petition is civil proceedings not the criminal proceedings.

As per Indian law restriction for travel are imposed upon person if such person is charged with any criminal offence or otherwise required for the purpose of investigation in respect of pending criminal investigation.

However in your case the remedy of mutual divorce under Hindu Marriage Act is availed which is absolute civil remedy hence no travel restriction can be imposed upon husband and wife at all by any court in any manner whatsoever hence your apprehension is not valid

However it is advisable for your wife to take margin of at least two to three days when travelling to India since there may be possibility that court may not be holding due to leave taken by judge due to some medical reasons, strike called by lawyer, unforeseen holiday declared in the Court etc etc hence keeping one day margin will be too risky and better to have listing on Monday by taking view of clear court working days ahead in order to list your case on next day if the court is not holding for any reasons on the date when it is listed.

Further requirements for both husband and wife for taking mutual consent divorce is to personally appear before the court with original documents filed with divorce petition for the purpose of making statement to take divorce at the time of first motion and second motion (note second motion have to be filed after expiry of 6 months but not later than 18 months from date of disposal of first motion).

Further for filing the divorce petition by mutual consent following documents are required

1) Marriage Card from husband and/or wife side

2) Marriage photo preferably exchanging the garlands at marriage ceremony

3) Proof of address may be in shape of Passport, Driving Lic for both parties

4) Proof of residence at Delhi if the petition is to be filed in Delhi to determine the jursidiction of court as in Delhi there are six district court at Tis hazari, Saket, Dwarka, Karkardooma, Rohini and Patiala House and filing shall depend upon the proof of residence etc provided.

5) The some courts also prefers the presence of one elder member of family from husband and wife side

We can provide the assistance in taking the divorce my mutual consent as well in any court in Delhi or in NCR region or any other place in India.


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315 votes

For the purposes of filing a divorce petition by mutual consent. The procedure is that a Joint pettition has to be filed by both the parties before the competent Family Court. After presentation of the and in the presence of both the parties, the Court passes a preliminary decree.Thereafter, the Court has no role to play . The parties then have to wait for 6 months cooling off period and again file a Joint petition upon which the Court passes a final decree. There is no bar to the parties traveling overseas during the 6 months cooling off period.

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276 votes

Yes of course she can travel anytime outside the country even after filing of the application and for that she doesn't even require any sort of permission from the court. Also after six month i.e. after passing of second motion she will be at her liberty to leave the country because by then the matter will already be over and she is not even require to appear before the court after that.

177 votes

Yes she can leave India after filing application for mutual consent divorce and there is no hurdle. Even we can assist you to get divorce without her physical presence in court during second motion through power of attorney.

188 votes

There will b no problem ,she can freely leave the country after filing of divorce by mutual consent. Once u file a petition a date will b given when your statements will b recorded n thereafter order on first motion will b passed. After six months you will have to file second motion n again similar procedure will b followed...

313 votes

She can always travel abroad after filing the petition and again come back on the second motion petition and again leave after completion of the statement. There is no such requirement under law that she has to stay back in india. Further this a civil case and there is no such criminal provision involved hence there is nothing which can stop her travel after first motion or second motion divorce petition

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