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RIZWANrrizz (sales)     22 June 2012

Divorce

I was married  under Hindu Law & I am Hindu got married in 1997 ,we hardly stayed togeather , as he is in USA , after marriage he stayed only for 2 months and after that he used to come to India once in 2 or 3 years and stays for a month or two. now i am leaving sepratly from last 9 years and not seen him since then, i want to get divorced from him but he is not in contact , please advice me how to get divorce and how long it will take.To hide my ID i am giving my friends mail, please mail me to this mail iD : rrizz@hotmail.com 



 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     22 June 2012

Dear Querist,


 

A contested divorce would take long, but since your husband is out of touch - these grounds look probable to me :-

1) Desertion;

2) Presumption of Death if facts warrant; 

3) In any case I feel he won't be forthcoming to contest - and there is a good chance you'd get an ex parte decree for divorce. 

 

Feel free to talk !

M.Sheik Mohammed Ali (advocate)     22 June 2012

first clarify me, now which caste are you following ? if more than 7 years could not find any one you may file to the court that declaration for death. 

N.K.Assumi (Advocate)     22 June 2012

Seeing all such kind of queries in the forum, I am just wnadering what is happening with Indian families. Better to go back to Plato concept of families. 

Guest (Guest)     22 June 2012

Since he is in US and you are living separately for the past 9 years, there is very little likelihood of him coming to India to contest the divorce. You can file for divorce on the ground of desertion. Presumptive death can be a ground of divorce if he has not been heard of as alive for a period of 7 years but the same would be very difficult to prove .


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