Seperation
PANDEY
(Querist) 10 July 2012
This query is : Resolved
One of my relative (23 yrs) married 8 years ago with already divorced women (34 yrs).
He accepted and legally adopted her child (12 years old).
After 6 months of marriage they both are living separately. he don't know where she is living now, whether she got married or living separately. Her parents also not know about her.
Now we are facing problem in getting divorce because no body knows about her.
Since they both are living separately (no divorce filed) from 7 years whether this could be the legal ground for divorce.
pls tell me the way out how we should approach for the divorce.(legally)
Adv.R.P.Chugh
(Expert) 10 July 2012
If a person has not been heard of being alive for a period of seven years, or more, by those persons who naturally would have heard of it, had the person been alive - it is a ground for divorce. The husband can file the divorce at the place where he resides, and serve the summons at place where his wife was last known to reside. (This is the combined position as per S.13(vii) as well as S.19 HMA.
R.K Nanda
(Expert) 10 July 2012
Yes, it is a ground for divorce and u can file divorce petition in court.
ashutosh mishra
(Expert) 10 July 2012
Right are the answers.
But I have a question to ask you.
Was her missing reported to police by you or her parents 7 years ago,if not how can you be able to begin the counting of 7 years?
You shall say by oral evidence.
But what is natural in such cases?of course lodging police report.
