Serving divorce for absconding wife
I am married in India according to Hindu marriage rules. Have been married for 2 years. Also have a baby. We used to live abroad. We have been having issues since the beginning of our marriage but for the last six months its gone from bad to worst. Because we got married in India, I came to India to obtain Divorce.
I have sent my wife a legal notice asking for mutual consent divorce, she never bother to respond to this notice. In return she is trying to abscond to the country we came from without even informing me. I came to know this through sources.
If she manage to get away, how can I obtain divorce. Reason I ask is, once she gets away I wont be able to know her address to serve the divorce papers. Her parents and siblings are here in India.
Can some please suggest what I can do in this case.
Asked 2 years ago in Civil Law from Bangalore, Karnataka
1. MCD's are not obtained by sending legal notices. Mutual Consent is arrived at after discussing amicably,
2. However, since you apprehending that she may aboscond & choose to be untraceable soon, file a divorce petition & send her the Notice immediately before she absconds,
3. Once she receives the notice, she is to appear before the Court & if she fails to appear, the case will decided Ex-Parte.
1) you could have filed for divorce abroad too if both parties were staying abroad . it is easier to obtain divorce abroad .
2)anyhow now that you have come to india file for divorce . you can serve the summons at her last known address.
3) if your wife refuses to give you divorce it will take years for divorce to materialise.
4) divorce by mutual consent is the best option
You can file immediately divorce so that she may be served with the summons at the earliest possible. If she absconds, you may file at her last known address,if she receives summons then she would be required to appear in the court but if she fails to appear, ex-patre proceedings will go on. During pendency of divorce case, if she appears then possibility of mutual consent divorce could be explored and divorce petition could be converted into MCD. Please feel free to call, if so desire.
Advocate, New Delhi
Thanks for the responses. Really appreciate your suggestions. Currently the courts are on holiday. They are open only next month. I have received info that she is leaving the country before end of this month. In this situation,
1. Should I file for divorce anyway once the courts are open
2. If I manage to file divorce next month, because she wont be here, how can I send her he papers (as i wont be knowing her address. can I scan the notice and send her in an email)
3. Yes, Mr. Ajay Sethi, you are right in saying that obtaining divorce in other nations are easy. My question here is, would they be accepted in India and wont cause any future issues here in India?
Asked 2 years ago
1) yes file for divorce on courts reopening .
2) notice has to be sent at her last known address .
3) divorce obtained abroad on grounds recognised by Hindu marriage Act is valid in india .
File divorce petition immediately mentioning her last known Address. If she fails to receive summonses for whatsoever reasons court will order for issuing public notice in news papers. Even after the paper publication if she fail to appear before the court, court will pronounce ex part judgement as per your prayer.
Please feel free to contact us for further clarifications.