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NiceManMyself (self)     12 March 2016

Property status after ex-party divorce

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.



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 4 Replies

SAINATH DEVALLA (LEGAL CONSULTANT)     12 March 2016

If ex-parte divorce is pronounced, the wife can claim alimony under S 25 of HMA,and 50 % share in the property acquired during marital period, whether the same would be granted or not, would depend upon many factors as of now.

NiceManMyself (self)     12 March 2016

she has gone underground, no contact with anyone, not interested in money as she want to lead quite spiritual life... i don't mind paying regular monthly expenese as maintenance...

please advice next steps.

NiceManMyself (self)     12 March 2016

she has gone underground, no contact with anyone, not interested in money as she want to lead quite spiritual life... i don't mind paying regular monthly expenese as maintenance...

please advice next steps.

SAINATH DEVALLA (LEGAL CONSULTANT)     12 March 2016

Though getting ex partee decree in divorce by either party is considered as cruel in the opinion of Siupreme Court,I prresume UR case doesnot atract it as U R notaware of UR wife's whearabouts since 2012.Even the limitation periiod for revision or appeal have been exausted from her side.

But U have to wait for another 2 yrs to get her declared as presumably absconding or dead legally.U said she was attracted towards spirituality and was staying with her brother.Are U not about the whereabouts of her brother?

Section 107 Indian Evidence Act deals with the presumption of death. It does not say anyhting regarding the time of death. It has to be proved by conclusive evidence or direct evidence produced by the party.

A person, who is not heard about 7 years, it is presumption in law that he is death. (Section 108 of The Indian Evidence Act)


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