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 

 
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Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

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 !

 
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advocate

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. 

 
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Advocate

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. 

 
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Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

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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