sonta (Accountant) 21 May 2014

Serving divorce for absconding spouse

Hi,

I am married in India according to Hindu marriage rules. Have been married for 2 years. Also have a baby. We used to live abroad. We have been having issues since the beginning of our marriage but for the last six months its gone from bad to worst. Because we got married in India, I came to India to obtain Divorce.

I have sent my wife a legal notice asking for mutual consent divorce (at this time we both are in India), she never bother to respond to this notice. In return she is trying to abscond to the country we came from without even informing me. I came to know this through sources.

If she manage to get away, how can I obtain divorce. Reason I ask is, once she gets away I wont be able to know her address to serve the divorce papers. Her parents and siblings are here in India.

Can some please suggest what I can do in this case.

Thanks

sonta

Reply Follow

6 Replies

stanley (Freedom) 21 May 2014

1. you cant obtain divorce by sending a legal notice where in your lawyer has misguided you . By the way how much did you pay your lawyer for the legal notice :-)

2. for mutual consent divorce both have to agree to terms and both have to sign on the Same . Even this too has not happened in your case .

3. For contested divorce you have to file a petition in the court on the grounds avaliable to you for eg cruelty , desertion etc and send the summons at her parents place or the place she last resided . if she does not turn up than press for ex- parte divorce .

Laxmi Kant Joshi (Advocate ) 21 May 2014

file divorce on the ground of mental cruelty u/s 13(1)(i-a) of hindu marriage act in the family court , send her notices to her last known address to you , if she doesn't receive the notice and it turns back then after taking permission from court publish it in the two leading news papers , again if she doesn't attends the court hearing dates then pray to court for exparte divorce .

stanley (Freedom) 21 May 2014

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Gautam Kapoor (IT professional Studying Law) 21 May 2014

Agree with Mr. LKJ .

:) Mr. Stanleyuno (as we know)

ravi (Manager) 21 May 2014

what is the probability that judge will award in such case expartee

sonta (Accountant) 22 May 2014

Thanks for the suggestions, very much appreciate them. Few clarifications

1. I am aware that sending notice cannot be considered as actual divorce papers. The notice was sent to get a response from her and to know if she is interested in MCD. From her reply she is not interested

2. I cant apply for the divorce now as the courts are on holiday in AP. I will have to wait till next month. Problem is she is leaving the country before the end of this month. Once she leaves, I will have no way of knowing her address. In this situation, If I file a divorce next month, how can I send her the papers.

I heard about Heague convention. what is it and how does it work?

Thanks

Sonta