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

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.

  • ansSince 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.

  • ansyou 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.

    Advocate Shikha Pandey

      Greater Kailash-1, Delhi

  • ansFor 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

    Advocate Jiwan Pal Singh

      Tis Hazari Court, Delhi

  • ansHi 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.

    Mohan S.

    Advocate Mohan S

      Janakpuri, Delhi

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