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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?
Answers (1)

Answer #1
168 votes
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

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.

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