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Goutam Paul   12 November 2021

Devorce

A man is absconded for more than 15 years. Can his wife be availed divorce degree


Learning

 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     12 November 2021

Did she file a missing complaint at Police Station concerned? Why keep silent all these years? 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     13 November 2021

The procedure relating to a person missing for Seven  years or more to be followed through Court.

 

Please approach local capable Lawyer, give full details and be guided by him/her.

minakshi bindhani   13 November 2021

As per your concerns!
Under the Hindu Marriage Act, 1956 under section 13 the grounds for divorce has been provided. Desertion can be the ground for your illustrated query.

Desertion means the permanent abandonment of one spouse by the other spouse without any reasonable justification ant his consent. In General, the rejection of the obligations of marriage by one party.
The essential ingredient for desertion are as follows;
Permanent abandonment of the other spouse.

Rejection of the obligation of marriage.

Without any reasonable justification.

No consent of another spouse.

Hope it is useful!
Regards
Minakshi Bindhani

P. Venu (Advocate)     13 November 2021

The query appears to be too casual!

Dr J C Vashista (Advocate)     14 November 2021

Whether wife has got her husband declared to be presumed dead under Section 108 of Indian Evidence Act, 1873


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