I had an arranged marriage in Dec 2016. My husband and I lived in two cities as I was pursuing my PhD. He had agreed to move to my city as it would be easy for him to get a job. After lot of persuasion from me and my family he finally seeked a job and moved to my city in March 2018. After we moved in together I found out that he is having extra marital affairs, having physical relationships. I Decided I want to end this relationship in June 2018 and so I got mutual divorce papers made and confronted him, but he did not give a divorce. I have been living separate since July 2018 and there has been no contact between me and him.Later in May 2019 he also agreed for a mutual divorce and in July 2019 the date for filing it was given but he did not turn up. He has been absconding ever since. I want to move with my life, but this has kept me hanging. Please suggest what can be done.
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Dear Madam,
File divorce petition immediately mentioning his last known Address.
If he fails to receive summonses for whatsoever reasons the court will order for
issuing public notice in news papers. Even after the paper publication
if he fail to appear before the court, court will pronounce ex part judgement
as per wife petition prayer.
1) file for divorce on grounds of mental cruelty
2) seek interim maintenance and alimony from husband
3) if he does not contest you would get exparte divorce decree in a years time
You can file a contested divorce case on the grounds of cruelty.
You can mention all these things as reasons for cruelty in your pleadings.
If he is absconding and you do not know his address, then you may send the summons to his last known address, let it be returned undelivered, after that you can take steps for substituted service of summons by publishing the summons in a newspaper after which the court may set him exparte and an exparte divorce may be granted to you.
You can file a contested divorce against him the court will give you exparte divorce in his absence
First file FIR against him of dowry demand and domestic violence. Having an affair is not illegal so to create pressure some serious charges have to impute on him.
When pressure will mount, will agree to yu terms. And only when divorce granted by court, withdraw the FIR. Also seek compensation through court for ruining your life and expanses incurred on marriage.
File a divorce petition in the family court. Issue a notice to him where he lives or his parental property is situated or wherw he works. If he doesn't come then request the court to proceed ex parte and grant you divorce.
See you can file a police complaint for this harassment and mental cruelty further file divorce on ground of adultery and cruelty before the family court.
If wife is looking for the divorce and husband is absconded in that case she has to go and file a divorce petition and if there is no follow up from the husband site the court may pass ex Parte divorce after the waiting period of 90 days she can go for marriage.
If the husband is not ready for mutual divorce then you may unilaterally file for divorce on the ground of cruelty which you will have to prove in the court.
1. You should file divorce petition in family court get the summons served to him somehow.
2. Once the summons are served and he doesn't appear before court on next date he will become Ex-parte and you will get Ex-parte divorce in next few hearings if he doesn't appear before court during this period.
You can file for divorce on cruelty and desertion against him, his last known address to be taken for purpose of sending notices etc.,
