• Divorce u/s12 of Hindu Marriage Act

Married girl fled away since 3 months..no response..stridhan taken away..out of society..no contact..doing job in I T ..boy want to file police information u/s 39 crpc or to court.what to do..
Asked 4 years ago in Family Law
Religion: Hindu

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8 Answers

Section 12 is for void marriages, divorce is not filed under the said section.

You will have to file divorce under section 13 of the Hindu marriage act.

The same can only be filed after 1 year of marriage.

Lodge a missing complaint with the police

Section 39(1) shall not be attracted.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

File for divorce on grounds of mental cruelty on expiry of one year of marriage

2) only in exceptional circumstances can you file for divorce before expiry of one year of marriage

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

A complaint can be registered against the girl for running away and cheating, as claim she took away your goods also, and further file an annulment in the ground of cheating fraud in the court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

husband should inform to police about this issue .

Mohammed Mujeeb
Advocate, Hyderabad
19029 Answers
32 Consultations

4.5 on 5.0

Dear,

File complaint for missing of your wife in local police station.

Wait for completion of 1 year of marriage for divorce on the grounds of

mental and financial cruelty.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

1. It is no clear why the the husband was waiting for so long to lodge a complaint.

2. now without waiting any further lodge a missing complaint with the local police.

3. Now if the husband knows the whereabouts where the wife may have been forcefully detained bu someone then he can file a habeas corpus writ petition in high court.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

In any case he has to wait for one year to file a divorce petition as a girl is already fled away

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

The boy can lodge a complaint about the missing girl under 'missing', it is for the police to make proper inquiry and book the case under appropriate section of law.

The provisions of section 39 cr.p.c. is different and may not be relevant to your complaint.

Hence this section may not be invoked under this circumstances.

She has got full rights to take away her stridhan articles with her while fleeing (leaving) the house.

The circumstances under which this provision of law can be invoked is given below;

Every person, aware of the Commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely—

sections 121 to 126, both inclusive, and section 130 (that is to say offences against the state specified in Chapter VI of the said Code);

sections 143, 144, 145, 147 and 148 (that is to say, offences against the public tranquility specified in Chapter VIII of the said Code);

sections 161 to 165A, both inclusive (that is to say, offences relating to illegal gratification);

sections 272 to 278, both inclusive (that is to say, offences relating to adulteration of food and drugs, etc.);

sections 302, 303 and 304 (that is to say, offences affecting life);

va. section 364A (that is to say, offence relating to kidnapping for ransom, etc.);

section 382 (that is to say, offence of theft after preparation made for causing death, hurt or restraint in order to the committing of the theft);

sections 392 to 399, both inclusive, and section 402 (that is to say, offences of robbery and dacoity);

section 409 (that is to say, offence relating to criminal breach of trust by public servant, etc.);

sections 431 to 439, both inclusive (that is to say, offence of mischief against property);

sections 449 and 450 (that is to say, offence of house-trespass);

sections 456 to 460, both inclusive (that is to say, offences of lurking house- trespass); and

sections 489A to 489E, both inclusive (that is to say, offences relating to currency notes and bank notes).

Shall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police officer of such Commission or intention;

For the purposes of this section, the term “offence” includes any act committed at any place out of India which would constitute an offence if committed in India.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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