Absconding husband.since 2 years.
Querist :
Anonymous
(Querist) 16 January 2012
This query is : Resolved
A girl ( now 21)of a domestic hand in our house was induced in marriage in a temple by a boy before two years and out of the said relations she gave birth to a babyboy (2+ now) now. The boy is absconding since two years and his whereabouts are not known. The girl has been driven out by parents and is staying with our family with child and is working and the child is in our care. She is not ready to wait any more.How to get divorce in absence of boy? We are ready to take care of child under adoption or guardianship. How to go about, pls guide.
Deepak Nair
(Expert) 16 January 2012
There is desertion by husband for more than 2 years. Further, the husband is absconding.
These grounds are strong grounds for grant of divorce to a woman.
Please consult a local lawyer and file the petition for divorce immediately.
ajay sethi
(Expert) 16 January 2012
agree with deepak nair .
Shonee Kapoor
(Expert) 16 January 2012
Agreed with Nair,
Also ex-parte maintenance can be granted to the wife, however the said would not be enforceable if the husband has no property.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 16 January 2012
son is 2+, so she married at 18-;
why such immature marriages, without consent of parents.
I Appeal all Expert, Is it not a time for Parliament to enact, marriageable age of girl, at least without consent of parents , be 21 years. !!
The immature innocent girl suffer this way, or suicide, or sold off,
All is anti sociall.
Deepak Nair
(Expert) 17 January 2012
But how can we control the girls who run away without the consent of parents.
do you think that such a measure would be sufficient to control such anti social elements??
prabhakar singh
(Expert) 17 January 2012
Agree!grounds are there not for maintenance only but also for divorce but when his whereabouts are admittedly unknown on which address he shall be sued and served for any of the petitions,divorce or maintenance???
Does not it appear to be a case of 07 years wait?????
Child can not be taken in adoption just now for the reason that father alone has right to give in adoption whose whereabouts are unknown but presumption of his death shall arise only on completion 07 years while only 02 years have passed and perhaps no FIR has been lodged so for.There are several other legal aspects one has to take into consideration with regard adoption which for time being I am suspending to consider.
In my my view it is neither a case of desertion nor a case of absconder but a case of MISSING PERSON against whom just now no relief practicably is available to wife.
My advise is that if no FIR is lodged so far then first lodge the same showing him missing and untraceable since a particular date falling in last two years.
Querist :
Anonymous
(Querist) 17 January 2012
Sir, It is absconding and not missing, with a view to shirk responsibility, that too with the documents of birth of a child.
Querist :
Anonymous
(Querist) 17 January 2012
You can say, hiding, since he used to keep in touch for some time after birth of a child on phone with girl and he used to say to her that he is not ready to live with her. But thereafter, he has stopped calling.
Deepak Nair
(Expert) 18 January 2012
In my view if you can trace out any wearabouts of the persons, then you can sue him on his address otherwise you can sue him on his last known address.
Am i right prabhakar Sir??
