Jitender Singh Singal 04 June 2020

legal rights

Hello Experts,
i want know when the husband gone from the home without any reason and not come back from last 14 years and family have no information of that person in these years, then how the wife and there children can get the legal rights of moveable and immovable property rights? what type of civil suit they have to file and specially when all children are ready to give whole rights to their mother?

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6 Replies

Shreya Saxena (Student at Faculty of Law Banasthali Vidyapith Rajasthan.) 04 June 2020

Sir,

The above can be referred to as a case o desertion. The wife and the children can simply approach the Court of Law and claim for their rights. They will be awarded all that they have under their rights and the same will be without any issue. For further explanation, read https://www.lawyersclubindia.com/articles/desertion-as-a-ground-of-divorce-9567.asp and https://www.lawyersclubindia.com/experts/desertion-505371.asp and https://www.lawyersclubindia.com/articles/-s-125-crpc-is-desertion-a-defence-only-till-divorce--1405.asp and https://www.lawyersclubindia.com/articles/divorce-by-desertion-what-to-prove--7263.asp, if at all you find anything relevant.

Regards

Shreya

Dr J C Vashista (Advocate) 05 June 2020

Ms. Shreya,

Before giving your opinion and copy + paste of earlier advise in some other query, consider facts of the case. Did you find any inkling in the statement qua divorce ?

Jitender Singh Singal 05 June 2020

sir
the information I want regarding the property issue not about divorce, as the family members want to utilise there property which was in name of person who is missing from last 14 years

P. Venu (Advocate) 05 June 2020

Is it that the husband is missing or that he has deserted his wife and children, but not missing i.e. his whereabouts are known?

Dr J C Vashista (Advocate) 05 June 2020

Thank you Om Prakash ji for your appreciation.

I have not yet given my opinion on the query as it could not be posted till some one else replies.

It was just my advise to young /budding student of law who have very limited knowledge and understanding intericacies of the problem faced by the author.

@ Jinder Singh Singal,

What is your relation to the missing person vis-a-vis present query ?

Whether some one from the family (wife, children or any relative) has lodged "missing report" / FIR with local police ?

Whether the local police has delared the person as "missing" for the last more than 7 years ?

No proper opinion can be formed and obliged in the absence of relevant information.

If you are located in Delhi and feel so, may contact me for any assistance/ help or proceeding.