• How to get auto divorce?

Me and my husband are separated for almost 5 years without any communications. There is no sign for reunion. How I can get a Auto divorce from him?
Asked 1 year ago in Family Law from Ahmedabad, Gujarat
Religion: Hindu
There is no concept or provision for 'auto divorce'.
Irrespective of your years of separation without a decree of divorce granted by a court of law no marriage in India can be dissolved.
So you can either go for mutual divorce with your husband or if he is not willing for mutual divorce then file contested divorce.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
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The mutual divorce which is done on consent of both husband and wife takes 6 months of time,
I repeat there is nothing called ' auto divorrce'.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
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there is nothing called an Auto Divorce, if you are not in contact with your husband, then you must provide his permanent address, file the case seeking dissolution of the marriage on account of separation, if notice is duly served and he fails to appear then the court itself will grant you the separation.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
51 Consultations
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1) File for divorce on grounds of mental cruelty and desertion 

2) if your husband does not contest divorce proceedings you will get divorce within period of one year 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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Hello,
1) There is nothing called auto divorce available under law. You can either get divorce by mutual consent or you need to file a unilateral petition which can either be contested or ex parte.

2) If your husband is served summons from the court after you file for divorce and he does not turn up in the court for a number of occasions the court will be inclined to pass an ex parte order which is without him deliberately contesting. You need to know his current address and summons from court needs o get served on him. 

3)Alternately you can contact him and ask him to consent for a divorce mutually and file a joint petition and the divorce shall be decreed in 6 months.

4) To get an ex parte divorce the Respondent husband has to remain absent at least on 5 dates and then the court will consider the application to pass an ex parte order.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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Hi, you have to file a petition for divorce on the ground of desertion on the basis of the desertion you will get the divorce.
2. Normally it will take two to three years.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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There is no such term called auto divorce.
You can apply for divorce on the grounds of desertion and no cohabitation for a period over two years. 
Te time taken cannot be predicted, if your husband decides to contest then it may drag on to more than two years too. 
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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There is nothing such as auto divorce. If both of you are into a positive agreement to end your marriage then you may file for mutual divorce which will not take more than 6 months to come through, failing which the only remedy you have is to file for divorce unilaterally on the ground available to you under the law.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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there is no provision of auto divorce except something is prevalent in you customs and usages of your community. only article 142 can give you quickest divorce, within 6 months from filing. 
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0

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