Second marriage when wife is runaway
Sachin_P
(Querist) 30 January 2014
This query is : Resolved
Dear All,
I am facing the problem with my wife she is missing / Run away from last 10 months.
Here are details. We got married in May’2007 & had Son in May’2008. There were always small fights in between us like normal husband wife. But in month March’2013 I found she was having affair with his office colleague (she joined office in Sept’12). I informed to her parents & they have taken her to their home in March’2013. Then we had 2-3 family meeting with both the family members & taken the decision of mutual divorce. Previously wife was not accepting her mistake but I have shown some proofs from her phone, facebook chat, call records & info from other people and asked for definite divorce. During our family meeting her family members & she has given Son’s custody to me as her father say his daughter is not good mother for kid. Then we waited for her family reply for divorce process for one month time with follow-up on phone but one day we got call from her father that their daughter (My wife) got missing while they were travelling by Train. So they have made complaint in Mumbai Railway Police in Apr’13.
I am continuously following up with Police for finding her but unable to find her. Given ad in paper as well as posters also but still she is missing. We are not getting any positive response from her family members also. Not sure about her presence.
As I am defiantly looking for divorce & no further life with her can you advice is there any way to getting divorce.
I am looking for second marriage as I am finding difficulty to give good time to my son for his care. Can you please advice on possibilities for second marriage with above situation? I know 7yrs missing law but anything beside that is possible.
We have still not sent any legal notice for divorce to them. Please let me know what necessary things I need to do in this case.
Devajyoti Barman
(Expert) 30 January 2014
You better first get her declared as a person of civil dead and then remarry.
Divorce suit is also possible as she would not turn up and the suit would be heard ex parte.
prabhakar singh
(Expert) 30 January 2014
No CIVIL DEATH WOULD BE DECLARED FOR A PERSON LOST FROM 10 MONTH,as law requires 7 long years to wait for presuming death HENCE FILING DIVORCE IS THE ONLY BETTER WAY.
Shonee Kapoor
(Expert) 30 January 2014
I doubt that in the absence of address when the in-laws have made a missing report, any court would grant ex-parte divorce.
You would need to wait till she is presumed Dead before applying for divorce and getting remarried.
In the mean time have you tried putting some detective on her paramour.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Handphone: +91-8010850498
Facebook: www.facebook.com/shoneekapoor
twitter.com/shoneekapoor
Yahoogroups: http://groups.yahoo.com/group/sahodar
If you don't fight for what you want, don't cry for what you LOST.
prabhakar singh
(Expert) 30 January 2014
Right IS Mr. Shonee Kapoor !
Sorry !i could not notice about lodging of FIR about her missing by her father.
NOW NO OPTION BUT ONLY ONE THAT YOU WAIT FOR
7 YEARS.
Devajyoti Barman
(Expert) 30 January 2014
Well I read it 10 years.
Sorry for overlooking.
You seem to be in too much hurry.
Wait for sometime or file divorce suit as suggested by me above.
Guest
(Expert) 30 January 2014
No chance for remarriage up to May 2020. You will have to wait till she can be declared as legally dead after seven years of missing report.
Advocate. Arunagiri
(Expert) 30 January 2014
File a divorce petition in the court, follow the procedures and get the divorce, then get re-married.
Rajendra K Goyal
(Expert) 30 January 2014
Agree with the expert PS Dhingra ji,prabhakar singh ji and Shonee Kapoor ji.
Guest
(Expert) 30 January 2014
First stop talking about your second marriage at this stage for your good.File a Habeas corpus petition in court which would simplify your head aches.If she was produced go for divorce or court will guide you
Sachin_P
(Querist) 31 January 2014
Dear Experts,
Thanks for your advice, I will definitely wait & pray to god for make her appear.
I have worry that if she came back, can she put fake claim of DV or Dowry on me after absence of more than 10 months or more. On any other fake claim.
Can she take away my 5.8 yrs kid from me. I don’t think my Son will be ready to go with him.
Please advice.
Guest
(Expert) 31 January 2014
Basing om the Police Complaint filed already You immediately file a Habeas Corpus petition in court.The fate of your wife will be known in 30days.Then accordingly you could proceed.Consult a Lawyer
V R SHROFF
(Expert) 31 January 2014
""March’2013 I found she was having affair with his office colleague (she joined office in Sept’12). I informed to her parents & they have taken her to their home in March’2013.""
SO COMPLAINT AGAINST THAT MAN , WHO ENCHANTED UR WIFE, AND HIDING..
WHY U DID NOT NAME/ SEND LETTER TO OFFICE.. ???
WHY SPARE THE CULPRIT????The root cause of your problm??
OR your story is imaginary???
V R SHROFF
(Expert) 31 January 2014
u cannot re-marry, as u r married.
divorce not so easy, unless she appear..
ajay sethi
(Expert) 31 January 2014
your wife can file case of Dv or dowry harassment if she so desires .
she can seek custody of child . in such cases welfare of child is the paramount consideration . you can draw attention of court to fact that she had disappeared for 10 months and never sought any contact with the child .
forget about remarriage file for divorce
Guest
(Expert) 31 January 2014
You are welcome. But, nobody you cannot guess what is there in the mind of your wife in getting herself underground or after the event of your remarriage or to get custody of her children and ask for maintenance for herself and her children from you.
Better wait patiently for her reappearance instead of making hurry for your remarriage.
Sachin_P
(Querist) 31 January 2014
Dear Experts,
Thank you for your reply.
My story is not imaginary.
Her parents have filed missing case in Mumbai Railway police.
I am in continuous touch with Police for update on case but they are also unable to get any clue.
I have mentioned the name of that x-person in my statement to police & they have enquired to person for same but he is saying that she is not with him (That person is married). He is lying about their relation. But I have enough proof to show their affair police also agreed on my proof. Police are not taking strong action against him or her parents to find the truth, police are saying as long as she is not there we can’t take strong action on anybody. Can I transfer this case from Railway police to Maharashtra police or CID. Her parents are not showing any interest to finding her.
I am not in hurry of second marriage only worrying about what further worst she can do with my life; like DV, dowry, my kids custody, money or anything else. What necessary action I have to take for avoiding all this possibility.
I have to do any other FIR in police station beside the missing FIR by her parents?
I heard that after 7yrs completion of marriage she can’t claim for dowry case is it true?
Please advice.
Devajyoti Barman
(Expert) 31 January 2014
Why kept all those information within yourself when you posted the query.
You are already advised that to do. Now if you fear for DV case then do nothing.
Sachin_P
(Querist) 31 January 2014
Dear Sir,
Sorry for inconvenience cause but I am not trying to hide anything.
But same time finding it difficult to put all incidences & query in single attempt. It’s all coming while getting guidance from you experts.
I am apologies for that.
Sorry once again.
Devajyoti Barman
(Expert) 31 January 2014
it is alright then..file divorce suit soon.
Dr J C Vashista
(Expert) 01 February 2014
File divorce petition,find her out through any agency by hiring specialised detectives.
She is not interested with your son but her paramour.
T. Kalaiselvan, Advocate 
(Expert) 02 February 2014
In my opinion, her parents are aware of her whereabouts but are cleverly enacting the 'missing' drama, you are worried about your problem hence you do not bother about her whereabouts, it is better you go ahead with your divorce petition. In that you may quote the last known address, let the summons be returned many times marked 'addressee not found', take steps to serve the summons through newspaper and after that get an exparte decree of divorce, which will protect you as a shield for her future false cases on you in case she files one after surfacing from underground.
Sudhir Kumar, Advocate
(Expert) 26 March 2014
prima-facie you can file divorce on her last know address and consult your lawyer of giving notice through local dailies if the notice is not served.
you can try ex-parte.
If you believe that she has started living with another man you can file criminal case of adultery against that man and police may be able to find him.
Sudhir Kumar, Advocate
(Expert) 26 March 2014
You have stated your wife is missing you have not stated whether that man is also missing.
please come with other facts if still not disclosed.
Sachin_P
(Querist) 26 March 2014
Dear Sir,
That person is not missing.
As I mentioned earlier her parents have filed missing case in Mumbai Railway police.
I am in continuous touch with Police for update on case but they are also unable to get any clue about where is She? Whether she is alive or not? Not sure whether her parents knows where is she or not?
I have mentioned the name of that x-person in my statement to police & they have enquired to person for same but he is saying that she is not with him. He is lying about their relation also. But I have enough proof to show their affair & police also agreed on my proof. Search is still going on.
Its really a big mystery about her presence. We are trying all possible ways to find her but not reaching to any final conclusion.
It will be know year complete to missing her on 17th Apr’14. I really now don’t have any soft corner for such feeling less & cruel women who has not thought about our small kid also.
prabhakar singh
(Expert) 18 May 2014
So many swings are being created by you.
Anyway if your knowledge of her missing reported by her parents is on the record
then divorce petion on her last known address can be filled only by concealment
of fact which is like to play fraud upon the court and that should not be advice fromany of us.Otherwise you can.
Guest
(Expert) 18 May 2014
Agree with Shri Prabhakar Singh. Otherwise wait for seven years and get her judicially treated as dead after that period.
