×

quesCan i get divorce if husband is missing for past 4 years and re marry?

How can I get a Divorce if my husband is untraceable and I haven’t spoken to him since the last 4 years? I got married 4 years ago against my wish and after 4 days of my marriage my in laws sent me back to my home. Since then I am not in touch with my husband and my in laws who live in another city.



 



I am in Gurgaon. What should I do now as I want to get married again?



 

  • Planning to Divorce? Marriage Counselling can help


    Consult Now
    • ans

       

      Assuming you are a Hindu, your marriage will be governed by Hindu Marriage Act 1955. 

       

      Deserting one’s spouse without a valid reason amounts to cruelty and a ground for valid ground for divorce. Section 13 (1) (ia) which specifically deals with cruelty and Section 13 (1) (ib) wherein law clearly states if the respondent has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition, petition may be presented for dissolution of marriage by a decree of divorce on this ground.

       

      The section 13 (1) (ia) and Section 13 (2) (ib) read are as under:

       

      a. has, after the solemnization of the marriage, treated the petitioner with cruelty; or

       

      b. has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition.

       

      Therefore, in view of above mentioned Section, you can file a divorce petition against your husband.

       

      Kindly contact us for any further details and action.

       

    • File Mutual Consent Divorce @ Rs. 25,000/- only


      Know More
    • 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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
    • Related Articles

    Consult best Divorce lawyers in India

    Similar questions

    I'm from Hindu family of karnataka Bangalore was working as contract employee in govt of…

    I am being harassed by my wife, she has filed false 376 case on me.…

    We got married in arya smaj after that we decided to agree our parents so…
    My friend got married 13 yrs back she faced domestic violence many times ,due 2…

    Divorce Lawyers in India

    Advocate Arjun Vinod Bobde

      Supreme Court of India
     Experience: 16 years


    Advocate Prashant Mendiratta

      Lajpat Nagar 4
     Experience: 24 years


    Advocate Nagesh B L

      Nagarathpete
     Experience: 23 years


    Advocate Prabhjit Jauhar

      Connaught Place
     Experience: 20 years


    View all >>

    Quick Consult

    Get 15 Minutes of Expert Legal Advice on Phone right now

    Ask a Free Question

    Post a Question online and get free advice from multiple lawyers by email

    Find a Lawyer

    Easily find and book private consults with top lawyers in India

    Get Fee Estimate

    Receive multiple quotations for your legal requirement instantly