Wife stays abroad - how to take divorce without her
wife left india for studies immediately after marriage and did not return since then
she used to stay in touch by phone calls initially
but slowly and gradually she ceased to have all conversations...
it has been 6 years..and she has not come back
to remarry the husband wants to file divorce against her ...but he doesnot know where does she stay
and her parents also dont know her details
please advise how can he take divorce and on what grounds?
Asked 3 years ago in Family Law from Delhi, Delhi
Hi, you have to file a divorce before the jurisdiction court and you have to state the address which is know to you i.e in india and abroad and take the divorce or else you have to file civil suit stating that she has not seen more than 7 years and she can be declared as a dead as civil death as she not seen more than 7 years. and also lodge police complaint and also make request in U S embassy.
and how much time would this all procedure take...
can he remarry in between....
Asked 3 years ago
you have been really patient . 6years is pretty long time to wait for a wife who left india for studies and has not bothered to contact you . file for divorce on grounds of desertion and mental cruelty . mention her last known address in india and abroad . if you are unable to serve summons on her apply for substituted service
Divorce case can be file against her before court where both of you was residing last time on desertiom and cruelty ground.
there is no specific time to decide the case.
Advocate, New Delhi
You have every right to file for divorce in view of the fact that your wife has deserted you for 6 years now. You can file divorce on the ground of desertion and mental cruelty by mentioning her last known address in India/abroad. The court notice will have to be sent to her, so her address is required to be mentioned in the address form.
Divorce like will not be easy.According to indian law a person presumed dead when he is not heard or seen for the last seven years.Let seven years get complete ,file a petition in this regard in the court of ADJ of jurisdiction,before filing the petition you will have to give a proclaimation/public notice in daily news paper in india and abroad where your wife last resided and in the area where the relatives such as brother or sister resides and then file a copy of the public notice along with the petition.reg
Advocate, New Delhi
Well advised by Mr Ajay Sethi and other experts.