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How to file a divorce if a spouse is absconding


Married under HMA in Aug'09, she went in Oct'14 on pretext to meet her parents in UAE, since then till date no clues of her address and contact details, she contacts only through emails. Please help: 1.Can I get divorce on account of abondonment? 2. Necessary to put cruelty or any other allegations on her? 3.How can I get exparte? 4.Alternate for unable to make service of summons? 5.Maximum time to sort out the matter.


Answers (3)

Hi,
In the era of communication, the court are also using electronic methods such as whatsapp, email etc for the service of summons. You seem to be having sufficient ground for filing divorce, file it on the basis of her last know address and request the court to issue summons through email and whatsapp also.


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Dear Sir, you can file a petition with the local court where you both resided together before she left for Dubai on the grounds of desertion and adultery. It is important that certain facts be collected and confirmed such as the address of her parents, your attempts to contact her and the correspondence between you and your wife (emails or whatever). It is fairly easy to prove the physical act of separation/desertion from her conduct and therefore you can get the divorce. She would be served through post if an address is available, or email or in worse case summon by way of publication. If she fails to appear on repeated notice, you will be granted ex-parte divorce. It is not possible to comment over the maximum time as it would depend on the facts as well in which court the case is instituted. Usually it takes a year or two.

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You can file a case on ground of desertion in the Hindu marriage age and the process is going to go as a trial in the court and the decree will be in your favour and will be a valid divorce decree....


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