Void marriage

File a divorce case of above ground.

File a divorce case of above ground.

1.    Via local reference find a Family Law practicing Advocate and discuss your brief and fees structure in-person with h/er. If found satisfactory hire h/her services for filing papers for dissolution of your marriage.

2.    It is suggested to file divorce on grounds of ‘desertion’ under personal Laws. You are supposed to provide last known address of your husband to admit the suit for divorce in local Court. The case once admitted will follow with service of Notice to memo of parties mentioned address. It may return back and following procedures of Service of Notice the case may end up 'ex-part' in your favour in due course of period on grounds of ‘desertion’.

3.    The physical custody of child is currently with you r/w as you tell me that you have been taking care of welfare of minor and if above suggested grounds you manage to get divorce then you will retain the custody of minor child with you.

4.    Regarding the ‘flat’ mentioned in your brief it is not clear who has clear title of the flat in question; i.e. you or joint with husband or solely on his name or is it rented hence not much advice can be given at this stage regarding living forever in questioned flat premises. You may discuss title of the flat with para 1 hired Advocate and/or may tell this forum little more about flat’s title to seek further advice on retaining its title. 

Flat is jointly first name of my husband and second mine.I also need a good and reasonable lawyer coz I don't know anyone

Sir I need a reasonable lawyer if you can help

if you are a christian u can proceed for divorce under special marriage act 1954,27(1)(h), for desertion of your husband, if u are hindu  under HMA  13(1)(viii) for deseration,for custody of child under SPECIAL MARRIAGE ACT 1954 sec 38,under HMA  sec  26.

My suggestion is that if you do not know the whereabouts of your husband for these many years, you can lodge a man missing complaint with the local police, though it may take time, get their final report and file a declaration suit to this effect before the court of law, upon which even without divorce and other proceedings, you will be entitled to have his share of property as his legal heir, consult your local lawyer opining this too.

agree with Tajobs

1.    1.   As  the property is in joint Names each of you would have to prove your  share of contribution towards the flat and accordingly in that ratio the value can be distributed and one can buy the others Share accordingly should your husband be traced out .

 

2.     2.   I have a doubt  I am unable to understand as to his  where abouts can be know if you  contact his in laws his relatives etc and in this manner things can even be sorted out by seeking Mutual consent Divorce if he agrees which gets over within a 6 months period .

 

3.     3.  Alternatively like most women sensitive Sympathetic  lawyers advise you can file a case  Domestic violence and seek Right to residence and stay forever and ever in the Flat and seek an exparte order from the court as your husband is not traceable. But this ex-parte order can be challenged at a later date .

 

4.      4. In your query it has been stated that you want to move on in life hence we have to presume that you are having an affair and hence wish to remarry .  Now  should your husband pop  up at the flat at any moment and you are caught with your boyfriend ♥♥♥♥♥ whom you wish to Remarry  in the absence of any Divorce decree in hand  the circumstances would be Dangerous and the two of you ( you and your boyfriend )  would be in deep trouble. Since he can file a case against your boyfriend /Lover and would call in witness as your neighbours . ☺☺☺

5.     5.  In Your post you have stated that you do not want anything $$$$$$$$ , even if you wanted anything (Maintenance)  for yourself the court would not grant the same to you as I can observe that you are a working women self sufficient capable of maintaining yourself for the past several years , except for your son the two of you would have to contribute till your child turns into a Major upto the age of 18 yrs.

6.      6. You seek custody of your son the same can be granted and so can visitation be granted to your husband should he seek the same while contesting the case or challenging the exparte order .

You don't know about your husband where he was since 8 years , quite strange , you never want to know where was your husband and with whom he was living ,from your in- laws , relatives, friends . 1. You want nothing from your husband you want only divorce , then find out the; whereabouts of your husband and file mutual divorce in the court.2.you want your child with you , you can , but you have to shown your income that you will growup your child in proper way, visitation of father will remain there. 3. Regarding flat negotiate it with your husband while mcd will filed.