• Ex-parte divorce

I want to know possibility - My mother is living alone since 2003. She don't know where her husband is now. The house is sold long back. His relatives don't know where he is... How can she get one sided divorce? She has Health issues and cannot hear good at times. He was violent to her and is psychopath. Has been living With other women even when we were small and was coming home when thrown out by others.
Asked 7 years ago in Family Law
Religion: Hindu

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10 Answers

1) your mother can file for divorce on grounds of desertion and mental cruelty

2) serve summons at last known address

3) if court direct apply for substituted service ie by paper publication in 2 local newspapers

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

your mother can apply for divorce within jurisdiction of court where marriage was solemnised or where she stayed with husband or wherein she is currently residing

2) enclose copy of marriage registration certificate

3) if marriage is not registered then wedding photographs , wedding invitation card has to be enclosed

4) as proof of her residence enclose her aadhar card or pan card

5) if mother does not have proof of marriage it would be difficult for her to obtain divorce

6) summons have to be sent at last known address of her husband

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

Divorce will be granted for spouse if a person missing for more than a period of 7 years which should be supported by police complaint. In case of no police complaint, your mother can file divorce petition before family court showing her husband's last place of residence as his address.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

1. She can file suit for divorce from her present place of stay and mention the last known address .

2. On this basis the divorce suit can be filed and decided ex parte.

3. Through paper publication the court can get satisfied about the service of summons.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

Dear Concerned,

You may file divorce where the mother is staying - alternatively we suggest you to speak with us for other available option.

As whereabouts of her husband are not known from almost 14-15 years it is easy to get ex parte orders. Feel Free to speak with us for available solution to (Where she lives there is not very educated lawyers. Can she apply from any other Court near by city.)

Best of luck.

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1. She can file a divorce suit on the ground of cruelty and desertion and send him the notice at his last known address.

2. If the said notice is returned undelivered, she shall have to publish the same in two local Newspapers, one being in vernacular, with court order.

3. After such publication of notice, if her husband fails and or refuses to attend the court hearing, the matter will be heard ex-parte and decree of divorce will be granted ex-parte in her favour.

4. With the said decree of divorce passed by the Court she will be free from her matrimonial relationship with her husband.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. She can file the divorce suit at the place where she was married or where both of themn last stayed together or where she is presently residing.

2. While filing the divorce suit, she shall have to submit document evidencing her marriage with her husband, her identity viz., Marriage photogrpahs, Certificate form the pandit or marriage invitation card etc., Voter ID Card/Adhar Card etc.

3. She can send the notice to her husband at his last known address and then publish in two Newspapers as advised in my earlier post.

4. Engage a local lawyer having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. She is free to file for dissolution of marriage by mentioning the last known address of her husband. There has to be some address of the respondent so that the court can issue summons to him.

2. If despite the service of summons he does not appear to contest the case then the court can grant ex parte decree of divorce to your mother. The entire process may take around 6-8 months.

3. She can file divorce wherever she is residing.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

How can she get one sided divorce? She has Health issues and cannot hear good at times. He was violent to her and is psychopath. Has been living With other women even when we were small and was coming home when thrown out by others.

She can file a divorce petition against him before the family court on the grounds of desertion and mental cruelty. She can file a petition to this effect before the court competent and can send summons to the address last known.

If the same is returned then after newspaper publication she can obtain divorce from him by an exparte order if he is not coming to court after that too.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

She can contact a local advocate who will be able to furnish ll the desired information and also would e able to guide her on all these issues including getting an exparte divorce.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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