Kishan Singh 16 July 2020

Regarding ex-parte divorce

My cousin got married in the year 2008. Now recently his wife ran away from his house left behind her two children with his boyfriend. In this connection, he registered a complaint in Police Station in Uttarakhand under section 498 Act 1860. Now he doesn't know her whereabouts and he wishes to give her divorce, can he get divorced without her consent, what should he do for getting divorced from her without her consent, please suggest the legal remedy, thanks

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3 Replies

M.Sheik Mohammed Ali (advocate) 16 July 2020

yes, the victim can file divorce petition under adultry with police complaint,

so dont worry easily get divorce order..

Dr J C Vashista (Advocate) 17 July 2020

Did he (your cousin) attempt to find out her whereabouts and lodged missing person complaint/ FIR ? If so, what is the result / outcome of investigation by police ? If not, why ?

How did he infer that she has eloped with her boy friend ? Any proof is there or it is just presumption ?

Divorce can be filed on the ground of desertion after 2 years of running away but can be filed for cruelty.

P. Venu (Advocate) 17 July 2020

Yes, an action seeking divorce could be filed. If no due service is possible, steps towards substituted service needs to be taken. The matter could proceed ex-parte if , even thereafter, the wife do not make appearance.