RPCochin (NA) 24 October 2009

Desertion and divorce

I am 42 years now. I married in the year 2003. Both of us are divorcees. My wife left me in 2004 . We are not in touch for the past 5 years. She is a bit hysteric and always would threaten me with commiting suicide for very small issues. One such occasion she consumed sleeping pills and almost collapased. Timely action and help from my family members saved her life Then I made it a point that their Parents or a very close relative move closer to our house so that this type of situation could be avoided as she can go their relatives house during depression. I also did not want any trouble to my aged parents for any untoward incident. That did not happen and she got discharged from the hospital and went off to her parents home. Neither they moved to our localty or there is any effort from their side. I went through her divorce papers and I came to uderstand from her ex-husband who is in Mumbai that she had the same mentality at Mumbai and she left to her native in taml nadu with their parents and never returned. She had taken a ex-parte divorce in tamil nadu. Then she has married me. Now she is with her parents probably. Their address is also not known to me. How do I go about to settle this issue. I am a native of Tamil Nadu. Please advise

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8 Replies

Suchitra. S (Advocate) 24 October 2009

Sir, you need to know where your wife stays now. You need the address to give notice and also to carry on the legal proceedings. then only you can file for divorce.

mrs.thenkodi annam nelson (advocate) 25 October 2009

it is necessary that you should know the addess of your wife to serve notice and other papers to her. it is surprising to note that you are not aware of your in- laws address. you can try to get it from her relation if you know any of them . In case if you are not able to find out the address then you can sought the help of the court explaining your turmoil and ask for paper publication.

Adv. Biju Gopal (Advocate FAMILY LAWYERS Kottayam Kerala www.familylawyers.in) 25 October 2009

Even though you don't know the present address of your wife, you can file a divorce petition with last known address of your wife. Thereafter you can file a petition for paper publication for the service of notice.

Biju Gopal

www.familylawyers.in

Adv Archana Deshmukh (Practicing Advocate) 25 October 2009

I agree with the suggestion of adv Biju Gopal, the last known address of your wife may be given in the petition and if the summons are returned unserved you can avail for the substituted service of summons by publishing the summons in the local newspaper of that place

Adv Archana Deshmukh (Practicing Advocate) 25 October 2009

I agree with the suggestion of adv Biju Gopal, the last known address of your wife may be given in the petition and if the summons are returned unserved you can make an application to the court for substituted service of summons, by publishing the summons in the local newspaper of that place.

RPCochin (NA) 25 October 2009

Thanks for the replies. I am also not in Tamil Nadu now. I have moved to Bangalore. Given the previous instance in her first marriage she had taken a ex-parte divorce. Do I have any chance to find out whether she has already taken a divorce and remarried someone else. Can I also ignore whatever she has done and marry once again after revealing the current situation?