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Sastry (Buisness man)     10 November 2014

Divorce from deserted wife

Dear experts, I got married in Feb 2012 and we hardly stayed together for 20 days and after 20 days of my marriage my wife absconded from my home. There is lot of incompatibility and my wife returned home during October end 2012 and absconded again from my home on Nov 9th 2012. Exactly 2 years passed away now. There is a continuous desertion of exactly 2 years by my wife now. During her short stay with me she didn't co-operate with me for conjugal life and there is constant reluctance from her side. I am loosing my time and age and I want to file a dicorce case now. Can I file divorce case on the grounds of desertion and cruelty from my wife?. Also, I came to know that my in-laws have vacated the house they were staying. I don't have thier new address but I only have the address where they earlier stayed. So I want to file a divorce case with whatever address I have with me. I tried to contact my in-laws and asked thier new address but they are not at all responding to us. In this situation I want to file a exparte divorce case. Under which section of Hindu marriage act can I file ex-parte divorce case? If I file ex-parte divorce case now, and during the court proceeding if my wife comes to know that a case has been filed, and if she comes to the court, can this ex-parte divorce case be converted in to normal contesting section 13-B divorce case? If at all she doesnt bother about my divorce case or she is un-aware that I filed a divorce case, how much time should I wait after I get ex-parte declared to re-marry again? Please advice.


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 4 Replies

Jayashree Hariharan (Advocate)     10 November 2014

as far as my knowledge goes, you have to only file a case for divorce and summons will be sent to your wife's address, whichever you give. in case she doesnt receive, newspaper notification will be given. that is sufficient. even then if she doesnt appear in the court, then hon'ble judge will pass ex-parte judgement. what you have to do is just file a case for divorce that is all. you will have to approximately wait for three - four hearings, if everything moves fast.

Sastry (Buisness man)     10 November 2014

Thank you Mrs Jayashree Hariharan. So you mean to say I need to file a normal section-13 B divorce case with whatever address I have and eventually it might end-up in ex-parte decree if my wife doesnt appear in the court during the entire proceedings right?

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     10 November 2014

Dear, File divorcee on desertion ground. Adv kapil chandna, 9899011450

Sastry (Buisness man)     11 November 2014

Thank you Kapil Chandana for your response. I will file Divorce under Section 13(1) (ia) (ib) on the grounds of Desertion and Cruelty from my Wife.

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