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Is it mendatory to stay in india while Domestic Violence Act, 2005
25-Sep-2023 (In Domestic Violence Law)
HI Team
My wife had registered case against me of Domestic Violence Act, 2005 I had received samans from court to be present in court on 7th oct I have travel plan in Nov for at least one year
Please guide me, weather it would be possible for me to travel or do I need to stay in india untill this case runs
Dear queriest, as per your query you have mentioned about the fact that your wife has filed domestic violence case against you and you have plans to travel out of India for some purpose, yes if the court orders you then it is mandatory to you to stay here or if the trail is not yet started and is in initajl stage then you can go but only if the court summons you to come and attend the court .
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Adv. Dhananjay Ravikant Gangawane
Pune | 1000+ Answers
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Hi
You can hire a lawyer. and file a POA in the name of family member to represent to in your absence.
who would acquaint the court about your business or professional travel.
the case takes more than a year always. get the copy of the petition and then plan accordingly.
Talk to a lawyer.
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Adv. Susmita Jagtap
Pune | 50+ Answers
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no! it is not necessary for you to attend every date of the case. that is so because in a domestic violence proceeding, the respondent husband is not an accused and therefore his personal presence can be dispensed with if he is represented by a lawyer.
also, restrictions on travel to abroad are imposed only when such a condition is imposed as a part of the conditions of bail. in a domestic violence proceedings you are not an accused, question of you being on bail does not arise.
a domestic violence proceeding is a civil cause a criminal proceeding.
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