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Psycho victim (Executive)     30 April 2015

Divorce from absconding husband

Husband absconded leaving the wife, 1 year old girl child. Wife didn't approached any legal agency as she was told by her mother-in-law that her son will return back. After 1 year the mother-in-law died. The absconded person didn't came back even for his mother's ceremony. Police refused to accept the missing complaint given after one year. The wife moved to her parental house with the child. There was no legal divorce papers or documents proving his absconding except an affidavit declared by her, signed by a notarary for the purpose of obtaining ration card /  gas connection.

Now 11 years have passed away, the wife wants to pursue a new life with a person who is ready to accept her along with the child. What are all the procedures to get her the divorce papers to get married with the another person. Pls guide. The woman was not much educated and in weak economic status. Thanks.



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     30 April 2015

File divorce petition immediately mentioning his last known Address. If he fails to receive summonses for whatsoever reasons the court will order for issuing public notice in news papers. Even after the paper publication if he fail to appear before the court, court will pronounce ex part judgement as per wife petition prayer. 

Adv. Chandrasekhar (Advocate)     01 May 2015

File divorce petition engaging a good advocate under section13 (1)(vii) - this section is important and rarely used - she will definitely get divorce within six months.

K.P.Satish Kumar (Advocate)     01 May 2015

you can file divorce on the ground of dissertion, send summon to the last known address, if summon not served court will order subsituted services for serving summons and finally you can get divorce by exparte.

saravanan s (legal advisor)     01 May 2015

If a person is not known to be alive or not for more than seven years then it becomes a ground for getting divorce.so file a divorce petition

saravanan s (legal advisor)     01 May 2015

If a person is not known to be alive or not for more than seven years then it becomes a ground for getting divorce.so file a divorce petition

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