How to prove presumption of death as grounds for divorce?
15-May-2023 (In Divorce Law)
I got married 15 yrs ago and have a 10 yr old son. My husband went abroad for business 8 yrs ago and he never came back. He stopped phoning me also after 6 months. I have no idea where he is as he has not contacted me at all. What should I do? Can I get a divorce?
You can definitely be granted divorce in this case. A person is presumed to be dead, if he/she has not been heard of as being alive or there is no reason to believe that he is alive, for a period of at least seven years by the petitioner. The decree obtained under the Hindu Marriage Act would not be a decree of actual death of the missing spouse; it would only be of the presumption of death, as provided under Sec. 8 of the Indian Evidence Act, 1872.
The following documents will be required for granting divorce on these grounds -
• Marriage certificate
• Address proof of husband
• Address proof of wife
• Four passport size photographs of marriage of husband & wife
• Proof that the petitioner & his/her relatives have not heard of the missing person since 7 years or more
• Particulars relating to the last date of cohabitation and the place & date where the respondent was last seen
• Proof that an effective search of that person has been made
• Proof of special circumstances if the person wants to prove ‘presumed death’ before lapse of 7 years
The following documents will be required for granting divorce on these grounds -
• Marriage certificate
• Address proof of husband
• Address proof of wife
• Four passport size photographs of marriage of husband & wife
• Proof that the petitioner & his/her relatives have not heard of the missing person since 7 years or more
• Particulars relating to the last date of cohabitation and the place & date where the respondent was last seen
• Proof that an effective search of that person has been made
• Proof of special circumstances if the person wants to prove ‘presumed death’ before lapse of 7 years
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