muralikrishna (administrator) 24 May 2008

will spouse abscanding since 9 years ,how will i get divorce

hello to All

one lady get married on 17/09/1985 i had 2 children my husband is abscandig since 9 years so am intrested to get Divorce from him, he cheated some people and collected 8 lakhs and went away last 9 years still now i dont know where he is so please kindky advoice me how i get divorce from him please give sujection will it possible to get divorce without his concent

Thanking you

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9 Replies

Manish Singh (Advocate) 26 May 2008

If any of the spouse went missing for more than 7 years, it becomes a valid ground for divorce. So just file an application for divorce citing reasons.

Guest (n/a) 26 May 2008

under law it is provided that when there whereabouts of a person is not known for 7 years it is assumed that he is dead under law and therefore his wife is liable to get divorce on this basis alone.

Sheik Peer (Advocate) 27 May 2008

The only option for the wife to file divorce petition in the family court and get ex-parte divorce decree.

Guest (n/a) 27 May 2008

Please remember half knowledge is always danger if you are serious about divorce contact lawyer,who can guide you after considering all the relevant facts and only 9 years absconding is not sufficient it should be supported by the relevant facts which is define under the law

amit gupta_lawyer (lawyer) 27 May 2008

i guess mr chouhan seems to be the only one here who is guiding you properly. see half facts can never take you any where so proper facts requires to be told to a lawyer so that he can help u in getting divorce. whereas regarding the facts of u its right that any person who is missing from last seven year would make ur case for taking divorce against such person some what easier but you require to satisfy the court fully regarding such facts and also require to perform some activities in the eyes of law to prove that after all the reasonable search made by u or the appropriate authorites the where about of the person is not know to u.

Guest (n/a) 27 May 2008

If any of the spouse went missing for more than 7 years, it becomes a valid ground for divorce. So just file an application for divorce citing reasons.

Guest (n/a) 27 May 2008

thank for our sujesation .Here the clint have full evidence to prove the spose is absconding since 9 years still my clint don't know about him she has full evidence to prove before the law then it is easy to get divorce to her

Guest (n/a) 28 May 2008

if a man not found for morethan 7 years he can be declared as legally dead by competent court of law. ON suce declaration relief ofdiverce not required

Ajay kumar singh (Advocate) 29 May 2008

In such cases it becomes difficult to answer when u do not disclose ur religion.If u r a hindu,pl refer to section 13(1)(7) of Hindu Marriage Act.When a person is unheard of being alive for more than 7 years,it may be a ground for divorce.But be sure that none of ur relatives or of ur husband has any knowledge regarding ur husband as his being alive,otherwise ur case is bound to fail.Mere absconding of spouse is no ground for divorce.It will be better for u to seek divorce on the ground of desertion.