S. Agrawal 08 June 2018

Divorce when u dont know your spouse address

My wife left me in 2009 and had put maintainance case against me , which I won in 2014. We had no contact since then neither I know her new address or phone number. I just know that she is somewhere in chennai and my job is in madhya pradesh. Also we did not get divorced legally. I saw her facebook profile recenly in which she has posted pics with her second husband and a child. Can I also remarry now without having any document of divorce.? As once I have already wasted 5 years in court hearings , I dont want to waste time in court proceedings like applying for divorce and again running around in court for years. Or is there any easy way out to solve this problem.

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8 Replies

Rahul Kapoor (Legal Enthusiast) 08 June 2018

Dear S. Agarwal,

You cannot remarry again before dissolving the first one.

If your wife got remarried that marriage is void.

The only way out is mutual consent divorce.

Regards

kapoor.legal@gmail.com

S. Agrawal 08 June 2018

Sir, thanks for the reply .but I dont know her contact phone number or address. How can I contact her to file mutual consent divorce?

Rahul Kapoor (Legal Enthusiast) 08 June 2018

Dear S. Agarwal,

If possible contact her through social media.

Regards

kapoor.legal@gmail.com

S. Agrawal 08 June 2018

In 2013, once I got a summon from the family court regarding presence for divorce petition filed by her. I received it, but I didnt attend the court. Is there any chance that she would have got ex party divorce based on that?

Rahul Kapoor (Legal Enthusiast) 08 June 2018

Dear S. Agarwal,

Yes there is a possibility that if you have not attended the date then exparte order might have been passed.

If you have the case details then just get to know the case status from the court concerned.

Regards

Kapoor.legal@gmail.com

S. Agrawal 08 June 2018

Ok sir.. thanku

Vijay Raj Mahajan (Advocate) 09 June 2018

The correct way out is to file the divorce case against your wife using her last known address or/and address of her parents. The Court summon will be sent to these addresses, if received by her parents it will be considered duly served upon her under Order5 Rule 15 of the Civil Procedure Code. If the summon received back as unserved, you can seek substituted service of summon through Newspaper publication under Order 5 Rule 17 CPC. If the email address or phone number know to you, the court notice through email or/and whatsapp can be sent and considred as valid service of court notice to the respondent.

Once the process of sending court notice/summon is complete, the respondent wife not appearing for defending the divorce petition, court shall proceed ex-parte, record your statement and make ex-parte order dissolving your marriage by decree of divorce, after this you are legally free to remarry.