rajugabrielrodricks 07 May 2016

One sided divorce

Dear Sir,

We have been seperated since 2 years without any contacts. We have a daughter, and my wife has kept her with her parent's and she is in some other state. My daughter is now 4years. I cannot even meet my daughter, as her parents wont allow and will make a false case against me.

I wish to know, what are the requirements for a single sided divorce (If I apply), I know 100% sure she won't ask for alimony.

01. On what grounds I can apply for a divorce?

02. What if she doesnt repond?

03. I don't know her present address but I know her residential address (parents house), but that house is empty, as her father works in another state and staying there maximum time.

04. How can I meet my daughter, I miss her so much. Atleast is there a way to meet my daughter without having any problems.

05. Our marriage is not registered in court, we were married in Church, and have the Church Marriage Certificate. She was a Hindu, but before marriage she converted herself into Christian.

06. When I apply one sided divorce and she doesn't show up, what will happen to the case? I work abroad. My wife is working in Kerala,but we both are from west bengal, last december when I was abroad a registered mail came to my residential address in West Bengal from Family Court from Ernakulam Kerala. Since I was not in my house it was not delivered to my parents and sent back by postal department stating Person Not Found. I tried contacting her to know what was that about, but no reply from her end. What can it be? Can she apply a divorce from another State?

Your Kind suggestions will be highly appriciated.

Regards.

R Gabriel

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6 Replies

Vijay Raj Mahajan (Advocate) 07 May 2016

First try to contact your wife through relatives or friends and find her present location. Secondly with help of someone try to find what case was filed and decided in family court in Kerala, if it was divorce matter that your wife filled most probably, then you need not apply again for it but try to get certified copy of order and decree of divorce from that family court for your record. As far custody or visitation of the minor child you have to file independent case under the Guardians and Wards Act and seek court order. This case will be filled where the child usually resides namely with her mother. You Christian marriage is covered under the Christian Marriage Act and for divorce the petition is sought under the Divorce Act.

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Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate) 07 May 2016

1) Engage a lawyer at Ernakulam to find the facts of the case from the family court.

2) If the divorce decree is already ordered, then there is no need to file separate petition by u.

3) For custody of the child file a seperate case where the child resides. Court will decide based on facts and welfare of the child.

4) Entrust to a senior experienced local family law expert advocate to deal the case.

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rajugabrielrodricks 07 May 2016

Dear Sir Vijay,

Thanks for your reply. I tried a lot to get in touch with her but all in vein. I know she is in Kerala, but it's hard to find out which place. Is there any way to find out from family court ? She is not responding to anything, am really worried, if I had the case number I could have found out from Court.

What can I do now?

Dr Katta Venkata Rama Krishna (Retd Sr Director Govt of India/ Advocate) 07 May 2016

1) Find out from e-courts website if u have got case no.

2) Engage a lawyer to obtain copy, who knows the process.

Give some details who can get searched from the court records.

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rajugabrielrodricks 07 May 2016

Dear Krishna Sir,

Since she is not responding to any of my mails or calls, to get the Case number from her is impossible. If I engage a lawyer can the Lawyer find out details with just our names? I believe there are 2 family court at Ernakulam, I just cant understand what to do.

Is it Possible she can file a divorce at Kerala Family court when she is from West Bengal?