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Sundar (NA)     10 August 2017

Divorce for cousin as husband is untraceable

Hi

My cousin husband left her 2 years back and we dont know where he is. His parents also no more and so no one know where that guy lives.

We now want to get divorcee as he is no longer traceable. How much quickly divorcee is possible in this case? any complication expected?

 

 



 8 Replies

Adv Radhika Mehta (Advocate)     10 August 2017

Does your cousin atleast know his last known address? Does she have any proof of his residence at that address? If yes, she can file a Petition for Divorce on the ground of cruelty and desertion. 

If he does not appear in the matter, then the matter can be proceeded with ex-parte.  The duration of the case differs from Court to Court but this procedure should take anywhere between 6- 18 months, if it is ex-parte. 

Only complication is that he can appear at any stage, even after matter is over, and pray to have the ex-parte decree set aside. 

Sundar (NA)     10 August 2017

Ok, thanks. issue is their marriage was not registered. they both eloped and married in a temple.There was no registration done or photos taken as a proof. But they lived for 4 years together and he was so cruel and she left him on 2015. We know his last address but we dont have any address proof documents and he dont live there anymore.He even changed his mobile number and no one knows.

Since there was no registration done, is getting divorcee easy or it will be time consuming as we dont have any documents related to marriage ?

 

 

Azhagananth (Lawyer)     10 August 2017

"husband left her 2 years back" -  termed as Desertion and it is a ground for Divorce, Your cousin may file case for Divorce on that ground.
 
Rush to local lawyer. Has to get service of summon through paper publication and then only your cousin may get the Divorce decree, by way of Exparte. if he hasn't turned up after paper publication too..
 
Question of Registration of marriage will not rise.
 

 

Sundar (NA)     10 August 2017

OK,we are from chennai. What will  be cost involved as girl family is poor. You know any good lawyers in chennai who can help her for small fee?

Kumar Doab (FIN)     10 August 2017

You can seek Free Legal Aid.

Check in local courts complex.

 

Saurabh..V (Law Consultant)     11 August 2017

Originally posted by : Radhika Mehta

Does your cousin atleast know his last known address? Does she have any proof of his residence at that address? If yes, she can file a Petition for Divorce on the ground of cruelty and desertion. 
 

Only complication is that he can appear at any stage, even after matter is over, and pray to have the ex-parte decree set aside. 

It is so unfortunate that people like you exist in the system. The person's grievance is only to get divorce and not to entangle the run-away husband for Cruelty. I hope you know what cruelty is and how courts punishes the accused party? Although desertion is the right ground but even that is not applicable here as desertion would be where the spouse is traceable and has willingly decided to live away from the spouse.

 

 

Now coming back to original query::

 

Dear @Author

 

In my view, you should have by now contacted local police and filed a missing complaint. Once such a complaint is filed and police submits their final report about the missing person being untracable only then the court would consider your plea.

 

Secondly, as per the law, if a person has gone missing, there is a possiblility, no matter how bleak, that the person wants to reunite with the wife but due to uncertainty, he is not able to come back. So courts also take their due time in tracing the missing person and only after they are satisfied, do they grant divorce decree. It might take upto 1yr - 1.5yr for this ex-parte' divorce to conclude.

 

All the best!

 

//Peace/Saurabh..V

Kumar Doab (FIN)     11 August 2017

The wife may lodge police complaint/FIR under proper acknowledgment for missing husband and obtian missing report from police.

In future it may be required, if the need be or situation arises, for declaration of civil death.

Involve elders of the family and inquire if anyone can help to trace the husband and creasing out the differences and possibility of saving the marriage.

 

Adv Radhika Mehta (Advocate)     16 August 2017

Originally posted by : Saurabh..V



Originally posted by : Radhika Mehta




Does your cousin atleast know his last known address? Does she have any proof of his residence at that address? If yes, she can file a Petition for Divorce on the ground of cruelty and desertion. 
 

Only complication is that he can appear at any stage, even after matter is over, and pray to have the ex-parte decree set aside. 






It is so unfortunate that people like you exist in the system. The person's grievance is only to get divorce and not to entangle the run-away husband for Cruelty. I hope you know what cruelty is and how courts punishes the accused party? Although desertion is the right ground but even that is not applicable here as desertion would be where the spouse is traceable and has willingly decided to live away from the spouse.

 

 Mr. Saurabh, i wish you had taken more pains to be more aware about the matrimonial law before commenting on the Forum. To obtain a Divorce, you need to satisfy one or more of the grounds stipulated and specified under Section 13 of the Hindu Marriage Act. The Court does not grant Divorce as per the whims and fancies of the parties.  I also would like to understand from you how you believe that Court "punishes" the accused party?
 
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