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Hari (Confidential Assistant)     29 June 2011

Seperation on Divorce

 

I am a Hindu Male aged 33 years and employed in Central Govt.Organisation in the year 2001.  I got married to a Hindu Female age 28 years in the year 2005 in informal way (the marriage is not registered).  From the beginning incompatibility was evident and she refused to stay with me with the consent of her parents.  After lot of persuation from her family members she stayed with me for a period of two months.  She has been absconding from my home since February, 2010.  She is uneducated.  A formal complaint in the nearest police station has been lodged as a missing person.  Till today her whereabouts are not known.  Her family has also refused to divulge any information regarding her whereabouts.  Nothing has been heard from Police also regarding her whereabouts.  In the present circumstances, I would like to know the liabilities imposed upon me by law and also whether there is possibility of matrimonial prospects in future as per laws of law.  I want to start my life again with a new partner of my community. Please help.




Learning

 1 Replies

Saurabh..V (Law Consultant)     29 June 2011

@Hari

 

You are in an unfortunate situation. As per law you cannot do anything unless your spouse do not divorce you in the court of law. As she left the home on her own, so you have nothing to worry about. Also as you genuinly filed a missing complaint make you safer.

 

Only upon 7years of non-appearance and unheard, our law considers a person dead. Before that you need to show that your spouse is dead before you can marry again. ELSE you have to take formal divorce from the court. Now you can apply for Ex-Parte' divorce in the competent court which may after hearing from the local police, give you divorce.

 

Arrange a lawyer instead...

 

//peace

/Saurabh..V


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