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divorce against the husband whose whereabouts are not known

(Querist) 12 August 2008 This query is : Resolved 
My client wants to obtain divorce from her husband who left their town about 10 years ago and did not return. What is the procedure. Whether to file a divorce application simplicitor or to file a suit for declaration to the effect that my husband died as he was not heard of continuously for seven years and then to file an application for divorce. Is it not time consuming and financially difficult. Advice me.
Srinivas.B.S.S.T (Expert) 12 August 2008
If your client's husband is having some property or debts and your client is having children with her husband then though it is time consuming you better file a civil suit for declaration as that order will help her in later stage. If you client only wants divorce from her husband she can file a simple divorce petition.
RAKHI BUDHIRAJA ADVOCATE (Expert) 13 August 2008
If your client's husband is having some property or debts and your client is having children with her husband then you should file a civil suit for declaration as that order will help her in later stage.
as per as the divorce is concerned she can file a divorce petition on behalf of desertion.
Manish Singh (Expert) 13 August 2008
If the husband is not heard for more than 7 years, the wife is at liberty to get into the second marriage since the person will be persumed as dead and the second marriage here will be perfectly valid.
It would be appropiate to file a suit for declaration that the husband is missing for more than 7 years.
SANJAY DIXIT (Expert) 30 August 2008
I agree with the views made above. By getting a divorce decree your client may remarry, but she will not get other rights ie property etc of her husband while by getting a declaration she may get all reliefs.


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