Second marriage when first wife is missing

better to marry second one, with consent of  in-law. Don't conceald your previous marriage to second one.

I think you need to wait for total 7years before you can marry.

Alternatively, you can file desertion case on her and send notice to her last known address.
 You will get ex-parte divorce and then you can marry. The whole process takes a short time (like an year or so). Later on too, she can't complain much, when she comes back. But gather proofs of her desertion like police report, her parents etc.

But thinking aloud, your wife has left you, fine. But she left her two kids, that rings bells. I think she's gone for good. What's the take of her parents? Are they not bothered about their daughter? Did they not suspect you? Did they desperately search for her? If they are calm from the beginning, then I think she's found someone else. Try some detective agency (or a neighbour) and tap on her parents activities. If you know their numbers, try to get call records etc. You may find her. But man, she ditched you so let her go and file a desertion case.

Over to legal experts.

A. In my opinion you left filing HCP as well as Missing Persons Report with her pic. in newspaper via Authority Jurisdiction Police Station (these two are not mentioned in your query)!
B. It is not clear how old is this marriage?
C. It is also not clear if in-laws made any efforts to search their own daughter?
D. Further it is not very clear to me if children are with you OR she took them with her?

E. I disagree to Siddiq, Adv. advise.


Above being material very limited legal option you have:-

1. File Divorce under "desertion" ground and service Notice via all modes to In-laws address on admission of suit matter.

2. After due process of competent Court you will get ex-parte Decree in Divorce proceedings under grounds of spouse "desertion". If suit is filed before Family Court seek leave of court to appoint a legal representative i.e. appoint an Advocate. Your presence is required in suit matter at Evidence stage. Keep safely all true copies of legal efforts you say you carried out till date to find your wife as evidence production for claiming deseretion grounds. Call her parents as pro forma witness in your case and get their Oath Statement recordedJ.
3. Her paprents needs to be included in your suit matter as pro forma party bze it is not clear how old is this marrige. If marriage is under 7 years old and you meanwhile get divorce on desertion grounds via due process under wife not found from last 3 years and later in-laws turn back upon you and file a dowry death / missing married daughter complaint case upon you then your outstation tours will be grounded for good. So summary involve in-laws as pro forma party to your suit matter. Any seasoned advocate will know how to do it.

3. Send certified Copy of Decree to In-laws and wait for its Appeal period (30 days) and get re-married.


J Note:- The moment you involve in-laws as pro forma party the black truth of theirs stated to you as; "donot know where our daughter is" will reveal its colour.

I differ with the advice of Advocate Siddiqui above, you are still legally married, and presumption of death of your wife would only be raised after 7 years.  You cannot marry, the consent of your in laws is inconsequential, and letting your prospective wife know - won't make a difference too. Right now the only way out for you - is to file a divorce on the grounds of desertion, serve it at a place where your wife last resided (her parental house), she won't come and you would get divorce ex parte. 

Good Luck !

Hi Guys

I am new to this forum, I had a look at my home page that there are 4 replies to my query, and I can't see any. Can anybody please help.

I am very desperate and really appreciate help.

Thanks again

Hello All

Many Thanks for thoughtful suggestions , I really appreciate you guys took out time for my problem. Desertion case sounds good option.

Thanks again Mr Siddiq, Mr Amit, Tajobsindia & Mr Bharat Chugh.

Regards