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Can divorce be filed if husband has disappeared

Sir my sister husband esacaped from..home So.after a long time she applies for diverse.. .she will get diverse or not ?

Answers (5)

Dear User ,
YOUR sister will get divorce before the Ho noble family court judge let her verify the wereabouts the husband and residential address with pin code so as to enable us to file a divorce petition .

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Presuming that you are a Hindu, you can apply for divorce from your husband under Sec 13 1(1c) which is " If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion OR you can file for divorce under Sec 13 1(1i) which is "If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse need to file a divorce if he/she is interested in remarriage". If you husband has deserted you for 2-3 years, file for divorce under the above first ground or if your husband deserted you for more than seven years, file for divorce under the above second ground. Engage a family court lawyer and proceed further.

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You have not mentioned as to what time your brother in law is been not seen. Did your sister gave a police complaint to that effect. All the things will be taken into consideration before granting divorce.

Your sister can file for divorce on the grounds of desertion.
Desertion is a ground for divorce under Indian laws.
Your sister should be able to demonstrate to the courts that the husband has deserted her and has failed to perform the duties so cast on him under marriage laws.

Minimum after 7 years of disappearance from the first she legally entitle for divorce..after giving paper publication about disappearance of that person you may get divorce on judge thinking facts.....

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