• Looking to file divorce: cruelty + more than 2 years of desertion

I am living in Bangalore. Got married in 2013 and am separated since 2015.
My wife left me when I refused to meet her unreasonable demands of cutting off from my family, friends, neighbors entire circle. its\\\' been more than 2 years, there has been no communication, we tried a lot to convince her parents for Mutual consent divorce, but they don\\\'t give any clear answer. No cases filed so far.
She is an MTECH, working in MNC bank in IT field in Bangalore (i don\\\'t know her current address). There is a joint property and joint loan also. I have paid 90% of costs. Loan is being repaid by me, after paying a few EMIs she stopped, no contribution to down-payments.
A lawyer said since I don\\\'t know her current address in Bangalore, we will.send summons to old address (last residing place together) if no one receives, then we will put in newspaper. Finally chances are court will grant ex-parte divorce.
- How to file for divorce since I don\\\'t have address, is what my this said really possible? 
- How about joint property
Asked 4 years ago in Family Law
Religion: Hindu

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17 Answers

Yes the summons can be sent to last known address and if that returns unserved than a notice through newspaper can be given.if it is also unanswered and in that condition an exparte decree can be granted.

The joint property is owned by both of you so it will be disposed accordingly as both are owners irrespective of you paid emi.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi you need to file the divorce petition as the normal petition putting the known address are address of her parents to send the notice. The court follows procedure to send summon to opposite parties by post and by Publication in newspaper as well in case opposite party not appeared for the case then an exparte decree may be passed.

For department that you bought and paid 90% of its cost you need to file a title suit for the ownership of the flat

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You ha e to send summons st her last known address

2) if summons is not served court would direct you to opt forsubstiuted service ie paper publication

3) you would get exparte decree if wife does not contest divorce proceedings

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

Hi,

It is suggested that you mention her present address, if can be obtained from her office and her office address also. This will be apart from her last known address. If she receives summons/notice, the same can be used in case. Else, proceed as suggested by lawyer.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Yes the copy of summons is to be sent to her parents house it is better if the notice is served as the exparte decree can be easily challanged on the ground that it doesnot involve wife in the proceedings.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

you can seek to serve summons at her last known address as well as per parents address

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

Hi, you can file a contested divorce petiton on the ground of mental cruelty .. However , you have to send summons to her parental address or any other address where you can satisfy court she has been residing .. If she do not appear , court can grant a ex-parte divorce

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. Engage the services of a private detective agency to locate her present postal address.

2. After getting her exact location, initiate the divorce proceedings against her for abandoning the marital life and causing cruelty to you without any reason.

3. Regarding the joint property, if the documents of title are in joint names, then she is entitled to her share in the property whether she has contributed to EMI payment towards the property or not.

4. If the summons to her last known address cannot be served then publishing the same in local language and English newspapers would suffice. If she ignores then chances of ex-parte divorce, in your favour, is imminent.

Shashidhar S. Sastry
Advocate, Bangalore
4173 Answers
258 Consultations

5.0 on 5.0

1) You can file it from Bangalore and sent one copy of summons to her parents after filing for divorce in the family court.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Normally summons are sent by the court itself but your advocate may do so on your behalf.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

- Try finding out her current address in Bengaluru. Seek help of mutual friends and family. Otherwise, you can use the address of her father's house, which in any case would be the permanent address of your wife.

- Post divorce, you both will continue to own this property jointly, unless there's an arrangement to the contrary.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

Yes, use her Gorakhpur address in filing this case.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

How to file for divorce since I don\\\'t have address, is what my this said really possible?

Your lawyer is giving you the right advise, you may follow his advise and act accordingly.

- How about joint property

Since you have re paid the loan therefore your wife will have no claim over the same

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

The case will be filed in Bangalore only and put in her last known address and also put in her e-mail ID and make the service of summon by means of e-mail also.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

You can take divoroce as per section 13 of Hindu Marriage Act,1955

Section 13 in The Hindu Marriage Act, 1955

13 Divorce. —

(1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party—

16 [(i) has, after the solemnisation of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or]

16 [(ia) has, after the solemnisation of the marriage, treated the petitioner with cruelty; or]

16 [(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or]

(ii) has ceased to be a Hindu by conversion to another religion; or

17 [(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

Explanation .—In this clause,—

(a) the expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;

(b) the expression “psychopathic disorder” means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment; or]

(iv) has 18 [***] been suffering from a virulent and incurable form of leprosy; or

(v) has 18 [***] been suffering from venereal disease in a communicable form; or

(vi) has renounced the world by entering any religious order; or

(vi) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive; 19 [***] 20 [ Explanation. —In this sub-section, the expression “desertion” means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.] 21 [***]

22 [(1A) Either party to a marriage, whether solemnised before or after the commencement of this Act, may also present a petition for the dissolution of the marriage by a decree of divorce on the ground—

(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of 22 [one year] or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or

(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of 22 [one year] or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.]

You can appoint the private detective and get her address easily,. Try my suggestion

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

A lawyer said since I don\\\'t know her current address in Bangalore, we will.send summons to old address (last residing place together) if no one receives, then we will put in newspaper. Finally chances are court will grant ex-parte divorce.

- How to file for divorce since I don\\\'t have address, is what my this said really possible?

- How about joint property

The lawyer suggested you the proper step under the circumstances, hence you may follow it.

The property since owned jointly as well as she being a co-applicant, it shall devolve on both of you.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Will the course also ask me to forward the notice / summons to her parents living in Gorakhpur? But I am in Bangalore and so is she (as last known) and I will be filing the case in Bangalore.

The court will not ask yo to send it her Gorakhpur address.

Dont stretch your imagination to that extent.

You may furnish the address where you both last resided together.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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