Can 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?

Answers (1)


478 votes

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.

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