Sir,HI i am krishan got married on june 2006 and my wife was live with me only 15 days after marriage she left me taking all my gold.i pay maintenance amount from 2008 to till date as per the court order,we live separate before 10 years.i want file divorce cease before 1 year but my advocate told nobody take saman at her home.i an 40 years old and i want second marriage as soon as possible i dont understand what i do please suggestion and i an also physical handicap person.
Asked 2 years ago in Family Law from Kangra, Himachal Pradesh
You can very well look for the substituted service of summon by filing an application under order V rule 20 requesting court to permit you to serve the summons through local newspaper.
You can advise your advocate to initiate process expeditiously.
1) you can file for divorce on grounds of mental cruelty and desertion
2) refusal to stay with husband amounts to mental cruelty
3) you can remarry only after divorce
You are free to file for divorce. If she does not take the summons then the court can proceed ex parte against her. Unless you obtain divorce from the court you cannot remarry.
You should certainly file for Divorce immediately,get another advocate who can take steps to send her summons.
Once case is filed court bailiff will take summons or it can be send by registered post.
After receiving summons or it returns you can ask for an exparti decree depending on the circumstances.
If one spouse withdraw from marriage other spouse has aright to move on.
It is really sad and many years wasted.
Immediately file divorce and fight the case on merit and get divorce based on cruelty and desertion.
If nobody take summon then published the summon in newspaper after permission of court.
Feel free to calk
Advocate, New Delhi
Hi, You can file a petition for divorce on the ground of desertion as she deserted to you for more then 10 years you will able to get the divorce on this ground.