|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::
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!