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Don't waNt my husband to leave India before giving divorce and alimony


15-Apr-2023 (In Divorce Law)
During section 498 ipc against my husband, can he leave country without giving alimony and divorce?
Answers (3)

Answer #1
821 votes
Yescif he has a valid passport then he can do so ,it also depends whether u have filled any applications/case for permanent alimony and divorce ? 498A are criminal proceedings which shall run for 2 ,3 years in the court and my be ur husband gets it stayed from high court and then decides to leave/flee the country. You can filea petition in the trial court or high court under section 10 (3)(e) and (h)for seeking direction for impounding the passport pending any criminal proceedings or if summons or warrant are issued and he is not complying those. Even in divorce matters such application can be filled. Contact me for further help if necessary.
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Advocate Ashutosh Patel

Adv. Ashutosh Patel

LawRato Jabalpur | 400+ Answers
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Answer #2
763 votes
When an individual is charged with a Section 498A offence, their passport may be impounded by the authorities. This means that they cannot leave the country until the charges are resolved or the court orders their passport to be released.
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Advocate Swati Singh

Adv. Swati Singh

LawRatoIndore | 25+ Answers
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Answer #3
734 votes
Hello there, Sex 498A IPC is a criminal offence, under this wife cannot ask for the alimony, maintenance or divorce, though case of 498A helps the wife to establish that she was the subject of cruelty, which further helps in getting divorce/alimony. There are separate provisions for alimony and divorce, first file complaints under those provisions and in that complaint/plaint inform the court that your husband could leave the country, the court will take appropriate action.
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Advocate Abhishek Singh Yadav

Adv. Abhishek Singh Yadav

LawRatoAshoknagar | 25+ Answers
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