How to take divorce if husband untraceable


Hello sir, my sister got married in roman Catholic Church in 2000 and gave birth of daughter in 2002. Around 2007, her husband left both of them (my sister and neice) and his no information till 2020. He never turned up to see both of them. Now, my neice is 17 years. Now, my sister wants to remarry again. But, problem is to how to take divorce from his husband who is untraceable and we don't have any information of his and his family that where they live. They are not living at place we know that time. Kindly help us that under which act and process she can take divorce and how much time it will take. Can she remarry without divorce because her marriage was not court marraige.

 
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subregistrar/supdt.(retired)

First, published in a Newspaper regarding your brother-in-law (your sister's husband) and complaint in the nearest Police Station regarding missing.  As already 7 years passed, you can get a report from the Police Station concerned and file in court. consult a local lawyer.

 
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Lawyer

Did your sister or any of her family member / relative lodged FIR regarding missing of the man since 2007 i.e., specific date when he left ? 

 
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ha21@rediffmail.com Mumbai : 9820174108

1. LOGICAL Advise given by ALL above experts.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 
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Advocate

What about his family members - are you in touch with them?

 
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Sir, if we register police complaint now then 7 year time starts now ?

 
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Practising Advocate

You have wasted your valuable time all these years.

This provision may come to your rescue 

Section 10 in THE DIVORCE ACT, 1869

Grounds for dissolution of marriage. —

(1) Any marriage solemnized, whether before or after the commencement* of the Indian Divorce (Amendment) Act, 2001, may, on a petition presented to the District Court either by the husband or the wife, be dissolved on the ground that since the solemnization of the marriage, the respondent—

(ix) has deserted the petitioner for at least two years immediately preceding the presentation of the petition

 
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