Divorce U/s 13-b Hindu Marriage Act
Dr.Gaurang N. Gandhi
(Querist) 25 March 2011
This query is : Resolved
A bridegroom married with groom in 2003.
in 2008 the spouse had decided not to continue the marriage. and agreed to get judicial separation u/s 13-b.
thay applied for that in Apr 2008.
in Nov 2008 i.e. after 6[six] months both the parties filed an affidavit containing finally not no leave together.
Unfortunately the groom, after filling the said affidavit in nov 2008 failed to attain the court in any of the adjournment.
today the groom is missing from home.
the hon'ble court had disposed the case [D.D.] for non appearance of either party.
Pl suggest how to get devoice as concern to bridegroom?
Some imp. points
-the couple have no child.
-the family of the groom had given an Advertise regarding missing of the groom in Mumbai Samachar. 2-3 months ago.
Please advise urgently.
GAURANG GANDHI
9429060515
Tajobsindia
(Expert) 25 March 2011
First file Habeas Corpse Petition before yur State's Hon'ble HC to trace out the missing husband and produce before HC. As one of the prayers seek relief for referring matter post production of husband for mediation. From there take the matter accordingly.
n.k.sarin
(Expert) 25 March 2011
Simply file a sui for divorce and get decree of divorce Ex party and start your new life.
Gulshan Tanwar
(Expert) 25 March 2011
Habeas Corpus Writ is the first solution instead of getting into another problem; from the Writ itself,many things will be cleared and ultimately you will win favour and also contempt of Court notice will be issued to your spouse who is playing hide and seek with you as well with the administration of justice.
Gulshan Tanwar
(Expert) 25 March 2011
Also one most important thing is that instead of filing other type of divorce cases, just file a petition under Art.142 of the constitution to get justice. This will save your precious time as well as money and within 2-3 dates you will be legally divorced and remember that this case will be heard only in Supreme Court and not in other Courts.
Dont go to High Court or other sub-ordinate or Inferior Courts to get divorce else you will be wasting your precious time and money.
Jitendar Kumar gupta
(Expert) 25 March 2011
file divorce petition. For more information call 9868529732 mail to me:guptajkin@gmail.com
Sarvesh Kumar Sharma Advocate
(Expert) 25 March 2011
if both concent is there then move sec 13 b first,and filed all ingridients which u hv disclose!
Dayananda Gowda
(Expert) 26 March 2011
File a separate divorce petition under 13 (1) (1a) and get the exparte divorce order
indrajit mukhopadhyay
(Expert) 26 March 2011
filing a petition of habeas corpus is the good solution but filing another suit is worst idea because if husband is found missing then upon whom the summons will be served and why the court will give the ex-party decree?
