1. My wife left me and two kids in August 2011 on difference of opinion and wanted to lead spriitual life, along with her brother. she ever served ties with her father and two other brothers.
2. She sent a letter few months later given advocate address, and that i should contact advoce for any future correspondence.
3. I waited until Sep 2013, and filed divorce pettion to given address, and in December 2013, i got ex-partee divorce.
4. we don't know her whereabouts since March 2012.
5. I have two properties in join name, fully funded through my salery, she was a house wife and not earning, nor bring any wealth through her family. I also have a bank loan on one proerty in join name.
6. I need advice on how to deal with current situation, and how can i get properties trasferred in my name, and how the bank loan can be closed without her signature etc.
7. her lawyer is a solicitor general, and has no time, he has also given up hope. Before filing divorce, he promised to give power of attorney after divorce, and same was mentioned in petition and divorce decree.
8. Few options i can think of
a. file a pettion to her advocate address and also a copy to her father and other two brothers.
b. through a cousin,i got two phone numbers (one year old), when they spoke to him last. Find out ways how to trace address of those phone number and send copy of petition to her
c. wait for number of years, and request court to declare her persumed dead.
d. is that after seven years? Seven years from day she left, or last contact with me ? Please help in defintion (Section 108 of indian evidence act)
https://kislayverma.wordpress.com/2007/08/04/section-108-of-indian-evidence-act-1872-what-the-courts-said/
I need help from esteemed lawyers on how to deal with this situation, and what is the safest option.
I am not desperate to sell the properties now.