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VIJAY KUMAR (SUB)     23 May 2012

Divorce procedure

Sir,

My friend is serving in defence. He is married off for last 14 yrs with two kids. His wife started creating problems from the day one. She was having pre-marital relations with two persons. However, my friend accepted her. After marriage also, she started behaving mischievously. She tried to make contacts with unknown persons everywhere my friend got posted. Due to his children, he bore all her misadventers. 

Since 2009, she went a step ahead. She started chitfund and duped many people. However, the money was not recovered from her. My friend paid to all the persons from his pocket ( about 5 lakhs). After 6 months and at another place, she again started the chitfund ( without my friend's knowledge) and duped many persons. For his wife's deeds, my friend was chargesheeted by his unit and was awarded 'Severe Reprimand' and he lost his promotion by 5 months. The charges were that his wife was carrying out bussiness activities in the governemnt accomodation which was contrary to the defence act.

My freind bore all this to save his family life. However, after one year i.e. in Apr 12, she went futher ahead and again started cheating persons of their money. She also ran away from home and my friend coerced her to come back and he will pay back all the dues of persons. Again there was no money recovered from her.

He sent his family to his parents house. From there she ran away without informing anyone and is untraceable since then. She was in touch with some persons through mobile. My friend lodged a missing report at police station thinking that she will come back.

Her own parents have already disowned her. 

Now, please tell me that how my friend can file for divorce when she is untraceable. The police seems to be unintrested in locating her.

My friend has only the following prrofs.

The details of chargesheet which he has to bear due to her.

The details of mobile details (which she was using to contact unknown persons)

 

Thanks



 1 Replies

Tajobsindia (Senior Partner )     23 May 2012

@ Author


1.
Hire an Advocate.
2.
First File an Habeas Corpus Petition (HCP) before State (his Jurisdiction) High Court. The Hon’ble HC will direct jurisdiction police to trace and produce her before Court. Your hired Advocate shall know how to prepare a HCP and what annexures goes into it to get it admitted.
3.
Prepare Divorce petition with true copies of facts (both civilian defaults + institutional defaults done by her) under Mental Cruelties and serve upon her then and there before HC when she is produced. Mobile records + banking instruments of 5 L and other payments metted out of pocket + strictures from army Autho. + Police report + HCP etc. are some of the annexures that may go as allegations proof to get desired relief. 
4. Meanwhile protect children "best interests" least she abducts them in connivance of few “unknown friends” of hers in your absence.


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