• Divorce in case of missing complaint

My friend's 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, please tell us the exact ruling 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 ruling for our reference.
Asked 3 years ago in Family Law from Jabalpur, Madhya Pradesh
Religion: Hindu
You would have to rely on police investigation and their report. Based on their report if untraceable then the report has to be attached with the petition for divorce.
Feroz A. Shaikh
Advocate, Mumbai
216 Answers
58 Consultations
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No exactl ruling exists. Rulings look very attractive to laymen but more often than not they fall flat in the court. Build your case, independent of any ruling, on the basis of facts.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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i have searched but am unable to find any such citation applicable to your case . in present case wife has gone missing for 4 years . you have filed for divorce . since unable to serve summons as per court directions paper publication was done . if inspite of paper publication wife does not appear in court or file an appearance through an advocate court would be competent to pass divorce decree . it is not necessary to wait for 3 more years
Ajay Sethi
Advocate, Mumbai
23234 Answers
1219 Consultations
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I prefer you go by Mr. Set his advise,though others have also told you the factual position.
Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations
4.3 on 5.0

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