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Bharadwaja Sastry (Legal Professional)     08 November 2008

dovorce respondent wife not traceable, how to proceed further?

Case History: A dovorce case was filed by husband during 2006, contested by wife. Evidence from petitioner's side was completed. At this juncture, the respondent not traceable from March 08 onwards. She was missing from her parental house, where she was under care and custody of her parents. Her whereabouts are still not known to anybody. since her parents didnot choose to give FIR, as a legally weded husband, he has given a police complaint & FIR was registered under woman missing. Can any body suggest what the husband should do further to come out of the case early     

thanks in advance

TKV Srinivas

 



Learning

 10 Replies

Sanjeev Dudhat (Lawyer)     08 November 2008

nothing can proceed unless the wife is found. you need bring on rocord that she is missing.


you  need to bring on record that she is missing from her parental home  and her parents did not care to lodge missing complaint and as husband you have lodged the same.


if she is not found for seven years form the date  of her being declared missing then you can get a civil daclaration  of her civil death in case she is not traceable and nobody knowing her has ever seen her for last seven years.


 

N.K.Assumi (Advocate)     09 November 2008

This is going to be very interesting case.Lets wait  and seefor more feed back.

prof s c pratihar (medical practitioner &legal studies)     09 November 2008

defendant got summons and appeared. after that she is not appearing and contesting.order of court expected----plaintiff files hazira , deftt. neither files hazira nor takes any steps. perused the petition . heard ,consired .none contest on behalf of the deft. the court has no option but to accept the prayer in the petition.hope the plaintiff has not received proper advice from his lawyer.he has filed a petition for divorce he should stick to that only.

ravikumarbcombl (advocate)     10 November 2008

Yes, ofcourse Prof.Pratihar is correct,  once the trial is in process and one of the parties disappeared in the middle of the case.............. then the court has no option but to accept the prayer in the petition if the petitioner's prayer is fair and justifiable in respect of the grounds specified for Divorce.

Rajan Salvi (Lawyer)     10 November 2008

If the case is contested it means that memorandum of registered address is filed. this holds good till the case is decided or til the respondent wife files a new memorandum of address. proceed accordingly.

B.Vijay Kumar (Advocate)     14 November 2008

Hi,


You can ask for exparte the respondent, since she is not appearing to court and obtain the Exparte Divorce.


Thanks,


bvijaykk

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     18 November 2008

I DO AGREE WITH MY ALL LD. FRIENDS IF U DON'T WANT TO PROCEED FURTHER TILL SHE IS MISSING. & IF U R INTERESTED TO GET DIVORCE THEN U CAN FILE AN APPLICATION IN THE COURT TO DECIDE UR CASE AS EX-PARTE. U WILL HAVE TO MENTION ALL THE FACTS REGARDING THE BEHAVIOUR OF HER PARENTS & THE FIR WHICH U HAVE LODGED FOR THE MISSING OF UR WIFE. THE COURT WOULD SURELY CONSIDER IT.U WILL HAVE TO TAKE PLEA DURING ARGUEMENTS THAT HER PARENTS HAS NOT LODGED ANY FIR FOR HER MISSING THAT MEANS THEY ARE KNOWN THAT WHERE SHE IS.& SHE IS INTENTIONALLY AVOIDING THE COURT PROCEEDINGS.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     18 November 2008

FOR FURTHER QUERRIES U CAN CONTACT ME:


BUDHIRAJA & ASSOCIATES


253, AGGARWAL SHOPPING COMPLEX, CD-BLOCK,PITAMPURA, DELHI


MAIL ID- rakhibudhiraja@gmail.com


Cell No.-9871158578/9711364956

bhupender sharma (head)     20 October 2009

 Mr. Sastri Ji.  u can seek those information through R.T.I. from the concerned police station or get the matter published in a local news paper under order 5 rule 20 for the same. Bhupender  Sharma(Adv.)

krishankmittal (Retired)     25 October 2009

Pl request the court to publish the divorece notice and proceed further to obtain divorce as per law of the land


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