Did court marriage for early visa but now husband is absconding

989 votes

Hi first of all let me know that what kind of proof you have for that marriage and is the passport or any other docs has the name of that person printed? If not then you do not need to file for any divorce. If he has legally valid proof then you have to file for divorce.

Advocate Vikas Nain LawRato

634 votes

Yes you will have to file a case seeking a decree for divorce before the appropriate court. You will have to give the last known address of your Husband and then the court summons will be sent on that address and if he is not served then the court will also ask his service to be effected through publication.

LawRato LawRato

851 votes

Hi
As you have stated that you entered in to a court marriage so now you are legally wedded wife of that boy.
You will have to seek divorce to get rid of the marriage and will have to file a petition under relevant provisions of the Special Marriage ( I presume that by stating that you did court marriage means that you got marriage under the Special Marriage Act) for dissolution of marriage.Divorce is possible even if the boy is not traceable.
If the boy is not traceable,the court will serve him through substituted service and if he fails to appear and you are able to prove the grounds taken by you in your petition seeking divorce,the court will grant you an ex parte decree of divorce. Here the ground of desertion is available to you though a desertion for continuous period of 2 years is a condition precedent.

Advocate Pravin Sharma LawRato