Husband was missing from 2.5 years
jeevan deshpande
(Querist) 18 March 2014
This query is : Resolved
hon sir,
my friend was married with a person but unfortunately the said husband is not came home from last 3 years, actually due to usual fighting between husband and wife he went from home without any intimation. she has one child age same 3 years. she filed missing complaint of her husband in local police station. as she has small doughter in his hand she is worried about the future, missing husband not using his previous email id, cell no., facebook, changed company and went. his family members were not ready to co operate for his finding. one of his relative is in local police station incharge, who also intentionaly hiding some information about her husband. pl guide me which option she can take care if she want to get her life with another person. also guide me the right available with that child from his father. also guide if she want to get marriage without divorce from her missing husband which complication new couple can face if her missing husband came back in future. pl guide thank you
Rajendra K Goyal
(Expert) 18 March 2014
Missing person if remain not traced for 7 years he is declared legally dead. You can not remarry without divorce or in absence of such declaration. Claim on his assets can be lodged only after such declaration. The girl child would remain her legal heir even if you remarry.
There are possibilities that he would come back well before this period.
You can insert news paper advt. about his missing.
If you smell any mischief from your in-laws or the police officer for hiding him, writ in High court can be filed.
T. Kalaiselvan, Advocate
(Expert) 20 March 2014
If she really wants her husband back, she can file a writ of haebus corpus before the high court, or if she wants an official divorce and remarry someone, she can file a divorce petition before the court on the grounds of desertion and proceed further as per law.
