• Regarding divorce in case of missing complaint.

My friends wife went to her parents home along with her 04yrs. old daughter while my friend was abroad. After 04 months when he came back to India and went to his in-laws home to bring back his family they told him that their daughter is not interested to live with him anymore but he kept on meeting his in laws for 04 yrs. but nothing happened then he finally applied for divorce in the court then wife's brother appeared in the court in a response to court notice and told that his sister had gone somewhere from home and they had lodged a missing complaint at that time in a local police station.then court published a notice in local newspaper asking her to appear before court but she did not appear. Now, pls. tell us the exact rulling in which divorce has been granted in such case before 07 yrs.Is it possible to get divorce after 04 years of missing or exactly in this particular case. We need to know the rulling for our reference.
Asked 3 years ago in Family Law from Jabalpur, Madhya Pradesh
Religion: Hindu
if your wife is missing and inspite of lodging of police complaint wife cannot be traced you can file for divorce . in such a case to enable service of summons to wife court insists on paper publication in local newspapers . the objective being to that divorce petition has been filed and to enable her to attend court and contest proceedings . if in spite of paper publication wife do sent appear in court you would be entitled for divorce . am not able to find any citations sought by you
Ajay Sethi
Advocate, Mumbai
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No citations will help you in this. As I mentioned in my reply to your second query, the case needs to be built regardless of any ruling.
Ashish Davessar
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Already replied.
Anil Gupta
Advocate, New Delhi
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