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Sachin_P (Engineer)     30 January 2014

Divorce when wife is missing / run away

Hi All,

I am facing the problem with my wife she is missing / Run away from last 10 months.

       Here are details. We got married in May’2007 & had Son in May’2008. There were always small fights in between us like normal husband wife. But in month March’2013 I found she was having affair with his office colleague (she joined office in Sept’12). I informed to her parents & they have taken her to their home in March’2013. Then we had 2-3 family meeting with both the family members & taken the decision of mutual divorce. Previously wife was not accepting her mistake but I have shown some proofs from her phone, facebook chat, call records & info from other people and asked for definite divorce. During our family meeting her family members & she has given Son’s custody to me as her father say his daughter is not good mother for kid. Then we waited for her family reply for divorce process for one month time with follow-up on phone but one day we got call from her father that their daughter (My wife) got missing while they were travelling by Train. So they have made complaint in Mumbai Railway Police in Apr’13.

       I am continuously following up with Police for finding her but unable to find her. Given ad in paper as well as posters also but still she is missing. We are not getting any positive response from her family members also. Not sure about her presence.

As I am defiantly looking for divorce & no further life with her can you advice is there any way to getting divorce.

      I am looking for second marriage as I am finding difficulty to give good time to my son for his care. Can you please advice on possibilities for second marriage with above situation? I know 7yrs missing law but anything beside that is possible.

     We have still not sent any legal notice for divorce to them. Please let me know what necessary things I need to do in this case.       



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     30 January 2014

by producing F.I.R. and welfare of your child, you can file a petition in family court. Court will decide.

rishabh (nothing)     30 January 2014

dear all
i got married in nov 2012,and in sep 2013 my wife left home taking all jewellery ,after all this she started to reconcile bt in vain ,she kept on emailing me askin for clothes and jewellery to which i didnt respond,few meetings held but all in vain.
now in jan 2014 she has filed a complaint in women cell all relating to domestic violence and dowry, and askin me to ive separate to which i disagree,
after so much of cruelty from my side (which she states) and still want to live together which is practically impossible from my sides
i rather stated that all allegations are false and i too want to live together but condition being that she should give in written that the complaints are false to which she disagree.
question is that how to save my family
 - if i take her and start living separately ,would i b able save my parents and sisters and for how long i have to live with her.
- i dont want to live with her and if i ask for a divorce i have to pay alimony. so shall i file for conjugal rights and later for divorce.
pl guide
regards
rishabh


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