LawRato

How to get divorce? Husband left home without telling anything.


12-Jun-2023 (In Divorce Law)

We got married in court and within 2 months of marriage he took all my money and left without even informing. His parents demanded dowry before marriage so the he wanted to marry in a court. But after marriage his sole purpose was taking money from me. we didn't had any kind of relation and suddenly he vanished, I tried filing a complaint but police only wrote missing complaint which they closed without information as soon as the boy went there and signed. there is no contact since then and i want divorce. it has been a year now and I don't know how to start. Kindly advise.

Answers (4)

Answer #1
384 votes

Since your husband is absconding so  first way is to file a police complaint against the parents and your husband under Section 498 A IPC and thereafter get an FIR registered..

Pursuant to FIR, you should file a divorce petition on the ground of cruelty and destertation, under Section 13(1) of Hindu Marriage Act(assuming you are a Hindu) .  If your husband fails to appear then the court will grant you an ex parte divorce.

 However in the meantime  if after FIR is registered against the parents and husband there are lot of chances that they come for settlement and agree to give you Mutual Consent divorce. For the purpose of clarity mutual consent divorce is a filed under Section 13 b  of Hindu Marriage Act by both the parties on mutual terms. This process is faster and less time consuming and you will get divorce within 6 months to  8 months.


People also ask

What if my husband wants a divorce and I don t?

You should focus on being your best self if your spouse wants to divorce you, but you do not. You can do this by making positive changes to your life, talking with a family member or friend, supporting your mental well-being through therapy and figuring what you want out of life.

How do you deal with an unexpected divorce?

Take care of your emotional and physical health. Relax, exercise and eat healthy. As much as you can, stick to your regular routine. Avoid making big decisions or major changes to your life plan. Avoid using alcohol, cigarettes or drugs to cope. They only cause more problems.

What happens if my husband filed for divorce first?

What happens if I divorce my husband first?

Can a man divorce his wife without her consent?

Both parties must sign all paperwork and agree to the terms of the divorce if it is mutual. If divorce is not mutual then one party will have to file a court petition and give it to the other. The spouse who did not file the divorce petition has 30 days to reply to it.

  
Answer #2
967 votes
Hi dear,
before answering your query about divorce i need some basic information about it:
1. When you got married?
2. Do you have any registration certificate or any proof of marriage like photograph etc.
3. Date of sepration
4. permanent address proof of your husband.
Plz contact again with all these answers then only i will able to give right answer of your query.

Thanks
Mohan S.
Answer #3
878 votes
For taking divorce, you need to file a petition in the court. The mandatory requirement for filing a divorce is a separation for a period of one year which as informed by you, is there. For putting pressure, you can file a complaint against the husband for demanding dowry and harassment suffured by you in view thereof. Rest things can be discussed in detail after knowing the complete facts

Answer #4
996 votes
you should pursue your police complaint. Go to CAW (crime against women) cell and make a fresh complaint referring the earlier complaint. you should pursue the police case more seriously. once he comes to the court in the criminal case it will mount pressure on him to divorce on mutual consent. even otherwise you have strong grounds for seeking divorce from court which may take few years.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."