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Jainantony Antony   23 August 2020

merit of divorce petition

FIR has been lodged by the police at the time of complaint of missing of the husband .my doubt is that with the FIR an ex parte order of divorce can get on the ground of desertion


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 1 Replies

Nirali Nayak   13 June 2021

Hello mam, greetings of the day.
As per your query, Yes you can file a divorce on this. According to Section 13(1)(vii)of The Hindu Marriage Act, 1955, a marriage can be dissolved by a decree of divorce on the ground that either spouse has not been heard alive for a period more than seven years by those who would have normally heard of him. As your husband is missing, you can wait for seven years which is enough to presume that your husband maybe dead and then you can get an automatic divorce. And an ex parte divorce order means that, if any of the two parties or even their respective lawyers fails to appear in all the proceedings, then the court passes the notice regarding ex-parte proceedings but if the party or the lawyer doesn't appear in those said proceedings, then ex-parte decree is passed. And you can get divorce on ex parte basis. This divorce decree is appealable under Section 28 of Hindu Marriage Act or under Section 39 of Special Marriage Act 
Hope this solved your query.
Regards
Nirali Nayak
Law Student


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