How to get divorce if husband is missing

658 votes

Yes. Legal separation is possible. The judicial separate is possible. The divorce under existing the law is quite easy. The case can be filed under relevant information about the divorce. The information

Advocate Murali Krishnan Sanjeevi LawRato

915 votes

Hello Madam,
Have you filed a FIR? When A person is missing the first thing to do is to lodge a complaint with police. You can file a Writ petition before High Court to order for police to find and bring your husband. Further, A person is presumed dead by Law when his or her whereabouts can't be found within preceeding 7 years. You need to somehow find the address and may be then we can initiate Divorce proceedings. If you know his mother's residence that would suffice.

Advocate M. Dheenadhayalan LawRato

671 votes

Legal seperation/or judicial seperation can be applied in the concerned court either in family court or in sub court if there is no family court under section 10 of Hindu marriage act. In your case since the husband's whereabouts are not know it is for your to make an endeavour to find out his address or his last residing address known to you will have to be taken into account. The same is for divorce also.

Advocate Gokulakrishnan A LawRato

983 votes

you can file a case in a court where you both last stayed or where you got married. If your father in law or mother in law are available. Then you can mention your husband address has that address and verify whether the summon served or not. If not then court will ask you to publish in newspaper. even your husband not come to court after publication of newspaper you will get legal separation.

Advocate L. Ramesh LawRato

794 votes

Desertion is a valid ground for divorce. Under the Hindu law, section 13 (1) (ib)2 of the Hindu Marriage Act, 1955 mentions desertion as a ground for divorce. What the section provides for is that the party needs to have deserted the petitioner for a continuous that is to say, uninterrupted period of not less than 2 years immediately after which petition is presented.3
It can thus be inferred that the clause provides for 2 basic necessities to be fulfilled in order to make desertion as a ground for divorce; firstly that such desertion or separation must be for a continuous period of minimum 2 years; and secondly, such period of 2 years should be in immediate continuity with time of presentation of such petition. To make it more clear there should not be a gap between the period of 2 years and presentation of the petition. Since both the conditions are fulfilled in your case, you can directly apply for divorce and get it done with relative ease.

Advocate Athiban LawRato