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need to travel abroad, who can file/fight case on my behalf


22-May-2024 (In Divorce Law)
we did a police complaint & husband is in abroad , not giving response also in counselling. Both side want divorce. but boy side is giving mental torture by not responding. Meanwhile I got a work opportunity for abroad. Can i travel to abroad? will i be required for process after counselling as i had been present in a counselling and written complaint is already submitted on my behalf ? what can be done if i am not available? can anybody else do FIR or case on my behalf?
Answers (5)

Answer #1
750 votes
have you filed a case for the time being or not. counselling you took the part in it but your husband didn't turn up so was he conveyed for the counselling. written complaint regarding what you have given. if both side want dicorce then go for mutual divorce
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Advocate Anurag Jangra

Adv. Anurag Jangra

LawRato Delhi | 200+ Answers
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Answer #2
947 votes
you need to file a domestic violence case and divorce petition. and the FIR. you have already lodged will be continued. once you filed the case ,on behalf of you the advocate will present the case , once the boy comes , the case will be filled mutually and will get divorce soon.
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Advocate Mukesh Kumar Sah

Adv. Mukesh Kumar Sah

LawRatoDelhi | 200+ Answers
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Answer #3
595 votes
If the behaviour of your husband is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. And if you wish to go legal then you can also file a petition under section 12 DV or section 125 CrPC and claim maintenance for yourself. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRatoDelhi | 1000+ Answers
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Answer #4
721 votes
if you are going abroad then you have to prepare SPA ie. Special power of attorney in favour of someone who can contest this case on your behalf in your absence. If this is CAW cell counselling then your presence is not mandatory
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Advocate Vinay Redhu

Adv. Vinay Redhu

LawRatoDelhi | 200+ Answers
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Answer #5
992 votes
There is no bar on you to stay in India to pursue your litigations. You can assign someone to handle your cases in India and can continue with your job abroad. More so divorce proceedings can be finalised without your presence if any power of attorney is given in the favour of someone. For any further query feel free to contact Thanks
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Advocate Bhawana Pandey

Adv. Bhawana Pandey

LawRatoDelhi | 1000+ Answers
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